Bowers v. Hice et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ZACHARY OMAR BOWERS,
Plaintiff,
v.
ETHAN HICE, et al.,
Defendants.
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Case No. CIV-25-493-D
ORDER
Before the Court is United States Magistrate Judge Amanda Maxfield’s Report and
Recommendation [Doc. No. 4] filed pursuant to 28 U.S.C. § 636(b)(1)(B)-(C). Upon initial
screening of Plaintiff’s Complaint [Doc. No. 1], Judge Maxfield recommends dismissing
without prejudice Plaintiff’s claims against (1) Defendant Ethan Hice in his official
capacity; (2) Defendant John Doe #1, a jailer, in his individual and official capacities; and
(3) Defendant John Doe #2, the Sheriff, in his individual and official capacities. Judge
Maxfield also recommends dismissing with prejudice the claim against Defendant the
County of Stephens County.
The case file shows no timely objection to the Report nor request for an extension
of time, even though Plaintiff was expressly informed of his right to object, the deadline
for doing so, and the firm waiver rule. See Moore v. United States, 950 F.2d 656, 659 (10th
Cir. 1991). Therefore, the Court finds that Plaintiff has waived further review of all issues
addressed in the Report. See id.; see also United States v. 2121 East 30th Street, 73 F.3d
1057, 1060 (10th Cir. 1996).
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Further, for the reasons explained by Judge Maxfield, the Court finds that the
Complaint fails to state a claim against (1) Defendant Ethan Hice in his official capacity;
(2) Defendant John Doe #1, a jailer, in his individual and official capacities; (3) Defendant
John Doe #2, the Sheriff, in his individual and official capacities; and (4) Defendant the
County of Stephens County.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No.
4] is ADOPTED in its entirety. Plaintiff’s claims against (1) Defendant Ethan Hice in his
official capacity; (2) Defendant John Doe #1, a jailer, in his individual and official
capacities; and (3) Defendant John Doe #2, the Sheriff, in his individual and official
capacities are DISMISSED without prejudice. Plaintiff’s claims against Defendant the
County of Stephens County are DISMISSED with prejudice. Plaintiff’s claim against
Defendant Hice in his individual capacity is retained.
IT IS SO ORDERED this 23 rd day of September, 2025.
TIMOTHY 	. DeGIUSTI
Chief United States District Judge
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