govinfo:USCOURTS-okwd-5_24-cv-01027-1

IN THE UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF OKLAHOMA 
 
DEVELIN DION RAY LAY, 
 
   Plaintiff, 
 
-vs- 
 
OKLAHOMA DEPARTMENT OF 
CORRECTIONS, et al., 
 
   Defendants. 
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) Case No. CIV-24-1027-F 
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ORDER 
 On December 20, 2024, United States Ma gistrate Judge Shon T. Erwin issued 
Report and Recommendation (doc. no. 16), recommending the court dismiss without 
prejudice plaintiff Develin Dion Ray Lay’s 42 U.S.C. § 1983 complaint, in its 
entirety.  Magistrate Judge Erwin advised plaintiff of his right to file an objection to 
the Report and Recommendation by January 7, 2025, and he specifically advised 
plaintiff that failure to make timely objection to the Report and Recommendation 
waives the right to appellate review of  both factual and legal questions therein 
contained.   
 To date, plaintiff has not filed an  objection to Report and Recommendation 
and has not requested an extension of ti me to file one.  With no timely objection 
being filed, the court accepts, adopts, and affirms the Report and Recommendation. 
   Accordingly, the Report and Recomm endation (doc. no. 16) issued by United 
States Magistrate Judge  Shon T. Erwin on is ACCEPTED, ADOPTED, and 
AFFIRMED.  Plaintiff Develin Dion Ray Lay’s 42 U.S.C. § 1983 complaint, in its 
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entirety, is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. 
§ 1915(e)(2)(B) and 28 U.S.C. § 1915A(b). 
DATED this 15th day of January, 2025. 
 
  
  
 
 
 
 
24-1027p003.docx 
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