Mauldin v. Outlaw et al

Filing 13

ORDER rejecting 8 REPORT AND RECOMMENDATIONS and referring this matter to the Magistrate Judge for further proceedings. Signed by Judge Brian S. Miller on 2/27/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION ALFRED LEE MAULDIN Reg # 14877-075 VS. NO. 2:08-CV-00213-BSM-BD PETITIONER T.C. OUTLAW, Warden, Federal Correctional Complex, Forrest City, Arkansas ORDER R ESPONDENT The court is in receipt of the Recommended Disposition from Magistrate Judge Beth Deere recommending that the case be dismissed as petitioner had failed to pay the $5.00 filing fee or submit a motion for leave to proceed in forma pauperis within the time ordered by the court. Petitioner has since filed an application to proceed in forma pauperis as well as the $5.00 filing fee. He has also filed objections to the Magistrate Judge's Recommended Disposition in which he explains the reason for the delay in complying with the court's order. In light of petitioner's actions, the court rejects the recommendations and refers the matter to the Magistrate Judge for further proceedings. IT IS SO ORDERED this 27th day of February, 2009. ________________________________ UNITED STATES DISTRICT JUDGE

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