Opinion
CIV-23-602-G
08-23-2024
ERIC LEE PROCTOR, Plaintiff, v. GRADY COUNTY, OKLAHOMA, et al. Defendants.
ORDER
Charles B. Goodwin, United States District Judge
Plaintiff Eric Lee Proctor, a state prisoner appearing pro se, initiated this federal civil rights action on July 12, 2023. In accordance with 28 U.S.C. § 636(b)(1), the matter was referred to Magistrate Judge Amanda Maxfield Green for preliminary review.
On August 2, 2024, Judge Green issued a Report and Recommendation (“R. & R.,” Doc. No. 14) recommending that Plaintiff's claims be dismissed on screening pursuant to 28 U.S.C. § 1915A. Plaintiff has filed an Objection to the R. & R. See Doc. No. 15. Pursuant to controlling authority, the Court reviews de novo the portions of the R. & R. to which specific objections have been made. See United States v. 2121 E. 30th St., 73 F.3d 1057, 1060 (10th Cir. 1996); 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(3).
Plaintiff's Objection simply reurges the merit of his legal claims and the alleged importance of the issues raised in his complaint. See Pl.'s Obj. at 2-3. Nothing therein evinces any error in Judge Green's findings or in her conclusion that none of the identified defendants may properly be held liable under 42 U.S.C. § 1983 or Bivens. See R. & R. at 6-8. Accordingly, Plaintiff's Objection is overruled.
Plaintiff alternatively requests that he be permitted to amend his pleading, see Pl.'s Obj. at 1. Even liberally construed, Plaintiff fails to offer a basis to find that amendment would resolve the cited deficiencies. Cf. LCvR 15.1 (requiring that the proposed pleading be submitted with a motion to amend).
CONCLUSION
Accordingly, the Report and Recommendation (Doc. No. 14) is ADOPTED in its entirety. This action is DISMISSED without prejudice.
A separate judgment shall be entered.
IT IS SO ORDERED.