Killough v. Outlaw

Filing 9

ORDER declining 5 REPORT AND RECOMMENDATIONS that this matter be dismissed, as petitioner has now paid the filing fee; and referring case to the Magistrate Jude for appropriate action. Signed by Judge James M. Moody on 7/6/10. (bkp)

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Killough v. Outlaw Doc. 9 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION ROBERT KILLOUGH ADC #19767-031 2:10CV00063 JMM T.C. OUTLAW Warden RESPONDENT PETITIONER ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully considering the objections in which petitioner explains the delay in paying the $5.00 filing fee and making a de novo review of the record which reflects that the filing fee has now been paid, the Court concludes that the Proposed Findings and Recommended Disposition which sought dismissal based upon petitioner's failure to pay the filing fee, should be declined. IT IS THEREFORE ORDERED THAT: The case be referred make to the Magistrate Judge for appropriate action. DATED this 6 day of July, 2010. UNITED STATES DISTRICT JUDGE

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