Nelson v. Allen Gamble Correctional Facility et al

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ANTHONY NELSON, )
)
Plaintiff, )
)
v. ) Case No. CIV-24-1350-G
)
ALLEN GAMBLE CORRECTIONAL )
CENTER et al., )
)
Defendants. )
ORDER
Plaintiff Anthony Nelson, a state prisoner, filed this action seeking the return of
funds he alleges were stolen from his inmate trust account while he was in custody at the
Allen Gamble Correctional Facility in Holdenville, Oklahoma. See Compl. (Doc. No. 1).
In accordance with 28 U.S.C. § 636(b)(1), the matter was referred to Magistrate Judge
Suzanne Mitchell for preliminary review.
Judge Mitchell issued a Report and Recommendation recommending that this case
be dismissed without prejudice due to improper venue. See R. & R. (Doc. No. 4) at 1, 5.
In the Report and Recommendation, Judge Mitchell advised Plaintiff of his right to object
by January 21, 2025. See id. at 4. Judge Mitchell further advised that failure to timely
object would constitute a waiver of the right to appellate review of the factual findings and
legal conclusions contained in the Report and Recommendation. See id.
Plaintiff has since filed a letter that elaborates on the claims in his Complaint and
addresses other issues. See Doc. No. 5. Even liberally construed, Plaintiff’s filing does
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not present any objection to Judge Mitchell’s findings and cannot reasonably be considered
an objection to the Report and Recommendation.
CONCLUSION
Therefore, the Report and Recommendation (Doc. No. 4) is ADOPTED in its
entirety.
Plaintiff’s Complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE. A
separate judgment shall be entered.
IT IS SO ORDERED this 11th day of February, 2026.
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