Opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF OKLAHOMA

TA’VION MURPHY, )

)

Plaintiff, )

)

v. ) Case No. CIV-25-1556-SLP

)

BOARD OF TRUSTEES FOR THE )

OKLAHOMA COUNTY CRIMINAL )

JUSTICE AUTHORITY, et al., )

)

Defendants. )

REPORT AND RECOMMENDATION

Plaintiff Ta’Vion Murphy, proceeding with counsel, filed this action seeking relief

under 42 U.S.C. § 1983 for alleged violations of his civil rights. Doc. 1. Chief United

States District Judge Scott L. Palk referred this matter to the undersigned Magistrate Judge

in accordance with 28 U.S.C. § 636(b)(1)(B)-(C). For the reasons set forth below, the

undersigned recommends that the Court dismiss Defendant Oklahoma County Criminal

Justice Authority (“OCCJA”) without prejudice based on Plaintiff’s failure to effect

service.

I. Discussion

On August 4, 2026, the Court quashed Plaintiff’s original service attempt on

Defendant OCCJA. Doc. 21 at 2. Plaintiff was given until September 3, 2026, to effect

proper service on Defendant OCCJA. Id.

When a plaintiff effects service upon a defendant, “proof of service must be made

to the court.” Fed. R. Civ. P. 4(l)(1). On September 9, 2026, the Court instructed:

If Plaintiff has timely effected proper service, he must file proof of service

not later than September 11, 2026. In the absence of such filing, Defendant

OCCJA will likely be dismissed without prejudice under Federal Rule of

Civil Procedure 4(m).

Doc. 24.

Plaintiff did not file proof of service by September 11, 2026. Nor did he seek an

extension in which to do so. As such, it appears Plaintiff did not timely effect proper

service on Defendant OCCJA.

Accordingly, because Plaintiff has not established that he timely effected proper

service upon Defendant OCCJA, the undersigned recommends dismissing Defendant

OCCJA without prejudice. See Fed. R. Civ. P. 4(m) (“If a defendant is not served within

90 days after the complaint is filed, the court—on motion or on its own after notice to the

plaintiff—must dismiss the action without prejudice against that defendant or order that

service be made within a specified time.”).

II. Recommendation and Notice of Right to Object

For the foregoing reasons, the undersigned recommends that the Court DISMISS

Defendant OCCJA without prejudice. Plaintiff is advised of his right to object to this

Report and Recommendation. See 28 U.S.C. § 636. Any objection must be filed with the

Clerk of Court not later than September 29, 2026. See id. § 636(b)(1); Fed. R. Civ.

P. 72(b)(2). Failure to object timely waives the right to appellate review of the factual and

legal issues addressed in this Report and Recommendation. See Moore v. United States,

950 F.2d 656, 659 (10th Cir. 1991).

This Report and Recommendation does not dispose of all issues referred to the

undersigned Magistrate Judge in this matter.

ENTERED this 15" day of September, 2026.

Chow. Bbphous-

UNITED STATES MAGISTRATE JUDGE