govinfo:USCOURTS-okwd-5_26-cv-00602-1

UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF OKLAHOMA 
 
RAUL ANGEL GUTIERREZ, ) 
 ) 
 Plaintiff, ) 
 ) 
v. ) Case No. CIV-26-602-J 
 ) 
UNKNOWN OFFICERS, ) 
 ) 
 Defendants. ) 
 
ORDER 
 
 Plaintiff, a federal inmate proceeding pro se, filed a Complaint under Bivens v. Six 
Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). [Doc. No. 1]. The 
matter was referred for initial proceedings to United States Magistrate Judge Suzanne Mitchell 
consistent with 28 U.S.C. § 636(b)(1)(B), (C). Thereafter, Plaintiff moved to voluntarily dismiss 
the case. [Doc. No. 8]. Judge Mitchell issued a Report and Recommendation recommending that 
Plaintiff’s motion be granted [Doc. No. 9] and he did not object, thus waiving his right to appellate 
review of the factual and legal issues addressed in the Report and Recommendation. See Casanova 
v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010). 
 Accordingly, the Court ADOPTS the Report and Recommendation [Doc. No. 9], GRANTS 
Plaintiff’s motion to dismiss [Doc. No. 8], and DISMISSESS the case without prejudice. 
Plaintiff’s pending motion to proceed in forma pauperis [Doc. No. 3] is DENIED as MOOT. 
IT IS SO ORDERED this 10th day of June, 2026. 
 
 
 
 

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