Littleton v. Canadian County et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
JON-MICHAEL LITTLETON, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-25-1290-J
)
CANADIAN COUNTY, OKLAHOMA, et al., 	)
)
Defendants. 	)
ORDER
This matter was referred for initial proceedings to United States Magistrate Judge Shon T.
Erwin consistent with 28 U.S.C. § 636(b)(1)(B),(C). 	[Doc. No. 3]. 	On March 10, 2026, Judge
Erwin issued a Report and Recommendation recommending that the Court should: (1) conclude
that Plaintiff has stated a Fourteenth Amendment conditions of confinement claim against only
Defendant Burton based on the allegations set forth in Count One; (2) dismiss Count Two, without
prejudice; (3) conclude that Plaintiff has stated a Fourteenth Amendment Due Process claim
against Defendants Burton and Wagner based on the allegations set forth in Count Three; (4)
conclude that Plaintiff has stated a Fourteenth Amendment conditions of confinement claim
against Defendants Burton, Carter, and Wagner based on the allegations set forth in Count Four;
(5) conclude that Plaintiff has stated a Fourteenth Amendment claim for deliberate indifference to
his serious medical needs against Defendant Wagner based on the allegations in Count Five; (6)
dismiss Count Six, without prejudice; (7) conclude that Plaintiff has stated a First Amendment
claim only against Defendant Powers based on the allegations set forth in Count Seven; (8) dismiss
Counts Eight and Nine, without prejudice; and (9) dismiss Defendants West, Ward, and Canadian
County, Oklahoma, without prejudice. Plaintiff was advised of his right to object to the Report
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and Recommendation by March 27, 2026. On March 11, 2026, Plaintiff filed an objection to the
Report and Recommendation. [Doc. No. 23].
Having reviewed the Report and Recommendation and Plaintiff’s objection, noting that
any dismissal of Plaintiff’s claims and/or defendants is without prejudice, and in light of the
Court’s request for counsel,1 the Court ADOPTS the Report and Recommendation [Doc. No. 22];
CONCLUDES that Plaintiff has stated a Fourteenth Amendment conditions of confinement claim
against only Defendant Burton based on the allegations set forth in Count One; DISMISSES Count
Two, without prejudice; CONCLUDES that Plaintiff has stated a Fourteenth Amendment Due
Process claim against Defendants Burton and Wagner based on the allegations set forth in Count
Three; CONCLUDES that Plaintiff has stated a Fourteenth Amendment conditions of confinement
claim against Defendants Burton, Carter, and Wagner based on the allegations set forth in Count
Four; CONCLUDES that Plaintiff has stated a Fourteenth Amendment claim for deliberate
indifference to his serious medical needs against Defendant Wagner based on the allegations in
Count Five; DISMISSES Count Six, without prejudice; CONCLUDES that Plaintiff has stated a
First Amendment claim only against Defendant Powers based on the allegations set forth in Count
Seven; (8) DISMISSES Counts Eight and Nine, without prejudice; and DISMISSES Defendants
West, Ward, and Canadian County, Oklahoma, without prejudice.
IT IS SO ORDERED this 26 th day of March, 2026.
1 In a separate order entered on this same day, the Court is requesting the Pro Bono Committee of
the Federal Bar Association recruit an attorney to represent Plaintiff in this case.
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