Gauthier v. Hunt ( 2021 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA JIMMY LEVI GAUTHIER, ) ) Plaintiff, ) ) v. ) Case No. CIV-20-1153-J ) GARRETT HUNT, et. al., ) ) Defendants. ) ORDER This matter was referred for initial proceedings to United States Magistrate Judge Gary M. Purcell consistent with 28 U.S.C. § 636(b)(1)(B), (C) and currently pending is his Fourth Supplemental Report and Recommendation. (Fourth Supp. Rep. and Rec.) [Doc. No. 105]. On February 3, 2021, Plaintiff filed an Amended Complaint asserting claims under the First, Fourth, Eighth, and Fourteenth Amendments, as well as two state law claims, against sixteen Defendants. [Doc. No. 33]. The Court thereafter dismissed all except (1) Plaintiff’s Fourteenth Amendment claim based on failure to protect/intervene against Defendant Guthrie; (2) a state law claim of abuse of process against Defendants Vann and Estes; (3) a state law claim of negligence against Defendant McKinney; and, (4) a Fourteenth Amendment claim against Defendant Martinez based upon inadequate medical care. [Doc. Nos. 37, 61]. These remaining Defendants filed motions to dismiss and/or motions for summary judgment [Doc. Nos. 89, 90, 93, 94] and Plaintiff did not respond. In his Fourth Supplemental Report and Recommendation, Judge Purcell recommends the Court (1) grant Defendants Guthrie and Martinez’s motions for summary judgment [Doc. Nos. 90, 93] based on Plaintiff’s failure to exhaust his administrative remedies and (2) decline supplemental jurisdiction over Plaintiff’s state law claims, thus rendering moot Defendants Vann, Estes, and McKinney’s dispositive motions [Doc. Nos. 89, 94]. See Fourth Supp. Rep. and Rec., passim. Despite being cautioned that he must file any objection no later than December 13, 2021, see id. at 8, Plaintiff did not object and has waived his right to appellate review of the factual and legal issues addressed in the Fourth Supplement Report and Recommendation. See Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010). Accordingly, the Court ADOPTS the Fourth Supplemental Report and Recommendation [Doc. No. 105], GRANTS Defendants Guthrie and Martinez’s motions for summary judgment [Doc. Nos. 90, 93], DECLINES supplemental jurisdiction over Plaintiffs state law claims, and DENIES Defendants Vann, Estes, and McKinney’s motions to dismiss and/or motions for summary judgment [Doc. Nos. 89, 94] as MOOT. A separate judgment will issue. IT IS SO ORDERED this 27" day of December, 2021. BERNARD M, JONES UNITED STATES DISTRICT JUDGE