Ames v. Miller

Filing 7

REPORT AND RECOMMENDATION re 1 Complaint, 2 MOTION for Leave to Proceed in forma pauperis filed by Alton Raymond Ames. It is recommended that the motion for lv to proceed IFP be DENIED & the action be dismissed w/o prejudice unless Plf pays the full filing fee to the Clk of the Ct by 7/11/06. Objections to R&R due by 7/11/2006. This R&R disposes of all issues referred to the undersigned Judge in the captioned matter. Signed by Judge Gary M. Purcell on 6/21/06. (dm)

Ames v. Miller

Doc. 7

Case 5:06-cv-00668-HE

Document 7

Filed 06/21/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

ALTON RAYMOND AMES, Plaintiff, vs. ANDREA D. MILLER, et al., Defendants.

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CIV-06-668-HE

REPORT AND RECOMMENDATION Plaintiff has filed a motion for leave to proceed in forma pauperis and supporting affidavit. Having reviewed said motion and affidavit, the undersigned finds that Plaintiff has sufficient financial resources to pay the filing fee. Because he does not qualify for authorization to proceed without prepayment of the filing fee, Plaintiff's motion should be denied, and he should be required to pay the full filing fee for this action to proceed.

RECOMMENDATION

Based on the foregoing findings, it is recommended that the motion for leave to proceed in forma pauperis be DENIED and the action be dismissed without prejudice unless Plaintiff pays the full filing fee to the Clerk of the Court by July 11th , 2006. Plaintiff is

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Case 5:06-cv-00668-HE

Document 7

Filed 06/21/2006

Page 2 of 2

advised of his right to file an objection to this Report and Recommendation with the Clerk of this Court by July 11th, 2006, in accordance with 28 U.S.C. §636 and LCvR 72.1. Plaintiff is further advised that failure to make timely objection to this Report and Recommendation waives his right to appellate review of both factual and legal issues contained herein. Moore v. United States of America, 950 F.2d 656 (10th Cir. 1991). This Report and Recommendation disposes of all issues referred to the undersigned Magistrate Judge in the captioned matter. ENTERED this 21st day of June, 2006.

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