Gonzalez v. Comanche County Facilities Authority et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
JOSEPH GONZALEZ, as the
Personal Representative of the
Estate of Tshante Gonzalez,
Deceased,
Plaintiff,
v.
THE COMANCHE COUNTY
FACILITIES AUTHORITY, et al.,
Defendants.
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Case No. CIV-24-1022-D
ORDER
On January 13, 2025, pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), United States
Magistrate 	Judge 	Suzanne 	Mitchell 	issued 	the 	following: 	(1) 	a 	Report 	and
Recommendation [Doc. No. 44] in which she recommends the Court deny Defendants
James T. Smith’s and Brandy Kirkpatrick-Benton’s motions to dismiss; and (2) a Report
and Recommendation [Doc. No. 45] in which she recommends the Court deny Defendant
City of Lawton’s motion to dismiss.1
In each R&R, Judge Mitchell advised the parties of their right to file an objection,
as well as the consequences associated with failing to timely do so. Upon review of the file
and noting no timely objection to the findings and recommendations set forth in either
R&R, the Court adopts each R&R in its entirety.
1 The Court refers to each Report and Recommendation individually as an “R&R.”
Case 5:24-cv-01022-D Document 46 Filed 02/05/25 Page 1 of 2

2
Based on the thorough and well-reasoned analysis set forth in each R&R [Doc. Nos.
44, 45], the following motions to dismiss are DENIED:
• 	Motion to Dismiss Plaintiff’s Complaint by City of Lawton [Doc. No.
28];
• 	Motion to Dismiss Plaintiff’s Complaint by Defendant Smith [Doc. No.
29]; and
• 	Motion to Dismiss Plaintiff’s Complaint by Defendant Kirkpatrick-
Benton [Doc. No. 32].
IT IS SO ORDERED this 5 th day of February, 2025.
. DeGIUSTI
Chief United States District Judge
Case 5:24-cv-01022-D Document 46 Filed 02/05/25 Page 2 of 2