The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
JOHN DOUGLAS HOUSTON, )
)
Plaintiff, )
)
v. ) Case No. CIV-25-133-SLP
)
DAMON DEVEREAUX, et al., )
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Defendants. )
O R D E R
Before the Court is the Report and Recommendation (R&R) of United States
Magistrate Judge Suzanne Mitchell [Doc. No. 12]. The Magistrate Judge recommends that
the Court dismiss this action in its entirety for failure to comply with Federal Rule of Civil
Procedure 8 and failure to state a claim upon which relief may be granted. Id. at 7-10.1
The Magistrate Judge advised Plaintiff of his right to file an objection to the R&R on or
before March 21, 2025, and that failure to timely object would waive the right to appellate
review of the factual and legal questions contained therein. Id. at 23.
1 The Magistrate Judge also recommends dismissal of this action because: (1) Plaintiff’s official
capacity claims against District Attorney Matthew Adams are barred by sovereign immunity; (2)
Plaintiff’s individual capacity claims against Mr. Adams are barred by prosecutorial immunity; (3)
Plaintiff’s claims for equitable relief against the Logan County jail officials are moot because he
is no longer incarcerated there; (4) Plaintiff fails to allege an official policy or custom as required
to state a claim for county or municipal liability against Defendants Devereaux, Brown, and Lester
in their official capacities; and (5) Plaintiff fails to state a claim against Defendant Devereaux in
his individual supervisory capacity. Id. at 10-20. Alternatively, the Magistrate Judge recommends
that the Court abstain under Younger v. Harris, 401 U.S. 37, 53-54 (1971) due to Plaintiff’s
ongoing revocation proceeding in Logan County, Oklahoma. R&R [Doc. No. 12] at 20-22.
To date, no objection has been filed, nor has an extension of time in which to object
been sought. Upon review, the Court concurs with the R&R in full and finds this action
should be dismissed without prejudice.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No.
12] is ADOPTED and this matter is DISMISSED without prejudice. A separate judgment
of dismissal shall be entered contemporaneously herewith.
IT IS SO ORDERED this 3" day of April, 2025.
) tz bbb
SCOTT L. PALK
UNITED STATES DISTRICT JUDGE