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Cooper v. Miller et al - Document No. 8

Cooper v. Miller et al - Document No. 8

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Published by Justia.com
ORDER ADOPTING REPORT AND RECOMMENDATION 6 with regard to Judge Purcell's recommendation that the case be dismissed against Dr. Dirham and the GEO Group Inc. The Report and Recommendation is otherwise rejected in light of Plaintiff's clar ifications in the event that Plaintiff file a timely amended complaint. The matter is hereby recommitted to Magistrate Judge Gary M. Purcell. Dr Dirham and GEO Group Inc terminated.Motions referred to Magistrate Judge Gary M. Purcell.. Signed by Judge David L. Russell on 2/14/07. (kw, ) 5:2007cv00112 Oklahoma Western District Court
ORDER ADOPTING REPORT AND RECOMMENDATION 6 with regard to Judge Purcell's recommendation that the case be dismissed against Dr. Dirham and the GEO Group Inc. The Report and Recommendation is otherwise rejected in light of Plaintiff's clar ifications in the event that Plaintiff file a timely amended complaint. The matter is hereby recommitted to Magistrate Judge Gary M. Purcell. Dr Dirham and GEO Group Inc terminated.Motions referred to Magistrate Judge Gary M. Purcell.. Signed by Judge David L. Russell on 2/14/07. (kw, ) 5:2007cv00112 Oklahoma Western District Court

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Published by: Justia.com on Apr 30, 2008
Copyright:Public Domain

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10/14/2013

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IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
RODNEY COOPER, II,
)
)
Plaintiff,
))
v.
)
No. CIV-07-112-R
)
DAVID MILLER, et al.,
))
Defendant .
)
ORDER

Plaintiff, a state prisoner appearing pro se, filed this action pursuant to 42 U.S.C. \u00a7 1983, alleging the violation of his civil rights. Pursuant to 636(b)(1)( B), the matter was referred to United States Magistrate Judge Gary M. Purcell for preliminary review. On January 31, 2007, Judge Purcell issued a Report and Recommendation, wherein he recommended that the complaint be dismissed against Defendants Jones, Dirham and the GEO Group, because Plaintiff failed to allege sufficient personal participation by these Defendants. The matter is currently before the Court on Plaintiff\u2019s timely objection to the Report and Recommendation.

Plaintiff filed this action alleging numerous violations of his constitutional rights by the Defendants. Plaintiff\u2019s allegations arose from his attempt to obtain protective measures after he refused another inmate\u2019s request that he bring contraband into the housing unit from the kitchen/dining room of the Lawton Correctional Facility on February 14, 2006. Plaintiff alleges that he requested protective measures from a lieutenant, and that he was told that he would not be permitted in the general population after making a statement against his cell

Case 5:07-cv-00112-R Document 8
Filed 02/14/2007 Page 1 of 3
Cooper v. Miller et al
Doc. 8
Dockets.Justia.com
1 This is the only allegation in the complaint against Defendant Jones.
2

mate1. Plaintiff alleges that he then wrote a statement that his cell mate had drugs, a homemade knife, and a bowl of alcohol in the cell. Sergeant Jones then searched Plaintiff\u2019s cell and discovered the alcohol.

Plaintiff asserts that after the search Defendant Bernard informed Plaintiff that he would receive numerous misconducts if he pursued protective measures, and that true to his word, Plaintiff received a misconduct for the alcohol. Plaintiff asserts that the misconduct was subsequently dismissed after it was determined that the alcohol was discovered only after Plaintiff informed officers that it was in his cell. The remainder of Plaintiff\u2019s allegations are irrelevant to his objection to the Report and Recommendation.

Plaintiff does not object to Judge Purcell\u2019s recommendation that Dr. Dirham and the GEO Group be dismissed from this action. He objects to the recommendation that Sergeant Jones be dismissed, asserting that Defendant Jones wrote the March 15, 2006 misconduct against him for the alcohol found in his cell. As noted above, Sergeant Jones found the alcohol after Plaintiff reported its presence.

Plaintiff\u2019s objection to the Report and Recommendation clarifies the allegations in his complaint. In the complaint Plaintiff did not identify the particular person that issued the March 15, 2006 class X misconduct based on Plaintiff\u2019s own February 14, 2006 report of alcohol in his cell. Plaintiff\u2019s clarification of his allegations against Defendant Jones are sufficient to state a claim for retaliation. However, the allegations must be contained in a

Case 5:07-cv-00112-R Document 8
Filed 02/14/2007 Page 2 of 3

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