Toor v. Moralas et al

Filing 19

ORDER ADOPTING the 16 Report and Recommendations dismissing the case. The Plaintiff's motion to reopen case CV613-48 is granted. Signed by Judge B. Avant Edenfield on 7/25/13. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
GURPARTAP S1NGH TOOR,
Petitioner,
V.

6: 13-cv-48
6:13-cv-51

JOSE MORALES, Warden
Defendant.

Before the Court is Gurpartap Toor's motion to reopen this case. ECF No. 10. The Court
originally dismissed this case because Toor failed to pay the $5 filing fee. ECF No. 8. Toor now seeks
to have the filing fee he paid in another case currently pending applied to this action.

Id.

In that other case is a Report and Recommendation, ripe for consideration, from the Magistrate
Judge counseling dismissal because Toor sought to challenge a state conviction in a 28 U.S.C. § 2241
petition. See Toor v. Morales, No. 6:13-cv-51, at ECF No. 16 (S.D. Ga. July 8, 2013). The Court
agrees with the Magistrate and ADOPTS the R&R as the opinion of the Court. Case number 6:1 3-cv51 is DISMISSED.
In light of (1) Toor's payment of the filing fee in an action where he improperly challenged a
state conviction, and (2) his failure to pay the filing fee in this action, where he properly challenged the
same conviction on the same grounds, the Court GRANTS Toor's motion to reopen and WAIVES the
filing fee in Toor v. Morales, Case No. 6:13-cv-48.
Th-ay of July, 2013

B(AVANT'EIYENFIELD, JUD
UNITED STATES DISTRIC7tOURT
SOUTHERN DISTRICT OF GEORGIA