Hodge v. Hamilton et al

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DANNY HODGE, JR.,
Plaintiff,
-vs-
CASEY HAMILTON, et al.,
Defendants.
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) 	NO. CIV-24-0823-HE
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ORDER
On March 28, 2025, United States Magistrate Judge Chris M. Stephens issued a
Report and Recommendation [Doc. #13] addressing plaintiff’s complaint [Doc. #1] after
initial screening. 	Magistrate Judge Stephens recommended dismissing the complaint in
part with prejudice and in part without prejudice.
Magistrate Judge Stephens advised plaintiff of his right to object to the Report and
Recommendation by April 18, 2025. To date, plaintiff has not filed any objection. Plaintiff
therefore has waived the right to appellate review of the factual and legal issues addressed
in the Report and Recommendation. See Moore v. United States, 950 F.2d 656, 659 (10 th
Cir. 1991).
Accordingly, the court ADOPTS the Report and Recommendation [Doc. #13]. The
complaint is DISMISSED WITH PREJUDICE as to:
 	claims seeking monetary damages and retrospective injunctive
relief against all defendants in their official capacities, as they are
not “persons” under 42 U.S.C. § 1983; and
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 	claims for injunctive relief against defendants in their individual
capacities because such relief is not available under § 1983.
The complaint is DISMISSED WITHOUT PREJUDICE as to:
 	plaintiff’s Eighth Amendment claim for failure to protect against
Warden Casey Hamilton, Corrections Officer Day, and Case
Manager Mitchell in their individual capacities seeking monetary
damages 	and 	in 	their 	official 	capacities 	seeking 	prospective
injunctive relief for failure to state a claim; and
 	claims for failure to train, denied access to the courts, and
retaliation against all defendants in their individual capacities
seeking monetary damages for failure to state a claim.
The adoption of the Report and Recommendation results in the dismissal of all
plaintiff’s claims in the complaint except for his claim alleging failure to protect against
Deputy Warden Bo Reynolds, Lieutenant Williamson, Corrections Officer Clark, and Case
Manager Cox seeking (1) monetary damages in their individual capacities and (2)
prospective injunctive relief in their official capacities, which claim remains pending
before Judge Stephens per the prior referral.
IT IS SO ORDERED.
Dated this 29th day of April, 2025.
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