Callier v. Pottawatomie County Public Safety Center Trust et al

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
SHELLY CALLIER, as )
Co-Administrator of the Estate of )
Kellie Wright, deceased, )
)
Plaintiff, )
)
v. ) Case No. CIV-23-594-G
)
POTTAWATOMIE COUNTY PUBLIC )
SAFETY CENTER TRUST et al., )
)
Defendants. )
ORDER
Plaintiff Shelly Callier, as Co-Administrator of the Estate of Kellie Wright, herein
brings federal civil rights claims pursuant to 42 U.S.C. § 1983. In accordance with 28
U.S.C. § 636(b)(1), the matter was referred to Magistrate Judge Shon T. Erwin for
preliminary review.
Plaintiff filed her Amended Complaint (Doc. No. 8) on October 18, 2023,
identifying three named defendants, as well as defendants Does ##1-5. Defendants Turn
Key Health Clinics, LLC and N. Hale, LPN, filed motions to dismiss, to which responses
and replies have been submitted. See Doc. Nos. 18, 22, 25, 26, 27, 28.1
On March 5, 2024, Judge Erwin issued a Report and Recommendation as to the
motions to dismiss. See R. & R. (Doc. No. 31). In the Report and Recommendation, Judge
Erwin advised the parties of their right to object within 14 days. Judge Erwin also advised
1 Defendant Pottawatomie County Public Safety Center Trust has answered Plaintiff’s
pleading, see Doc. No. 15.
Case 5:23-cv-00594-G Document 36 Filed 03/28/24 Page 1 of 2

2
that a 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.
As of this date, no party has submitted an objection to the Report and
Recommendation or sought leave for additional time to do so.
CONCLUSION
Accordingly, the Report and Recommendation (Doc. No. 31) is ADOPTED in its
entirety. The pending Motions to Dismiss (Doc. Nos. 18, 22) are DENIED.
This matter remains referred to Judge Erwin in accordance with the previous referral
order.
IT IS SO ORDERED this 28th day of March, 2024.
Case 5:23-cv-00594-G Document 36 Filed 03/28/24 Page 2 of 2