Smith v. Calbone et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION IN PART 2 Motion for Leave to Proceed in forma pauperis filed by Christopher Jay Smith,, 5 Report and Recommendation,, ORDER REFERRING CASE to Magistrate Judge Gary M. Purcell. Signed by Judge Robin J. Cauthron on 2/27/06. (lg, )

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Smith v. Calbone et al Doc. 7 Case 5:06-cv-00128-C Document 7 Filed 02/27/2006 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA CHRISTOPHER JAY SMITH, Petitioner vs. SAM CALBONE, Warden, Respondent ) ) ) ) ) ) ) ) ) ORDER This matter is before the Court on the Report and Recommendation entered by the United States Magistrate Judge on February 8, 2006. The court file reflects that no party has objected to the Report and Recommendation within the time limits prescribed; however, on February 13, 2006, Petitioner paid the $5.00 filing fee, rendering the Magistrate Judge's recommendation moot. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted in part. Petitioner's request to proceed in forma pauperis is denied; but because the filing fee has now been paid, the case is once again committed to the Magistrate Judge under the initial Order of Referral. IT IS SO ORDERED this 27th day of February, 2006. No. CIV-06-128-C

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