Griffin v. Kastner

Filing 7

ORDER ADOPTING 5 Report and Recommendation, DENYING 2 Motion for Leave to Proceed in forma pauperis filed by Robert Griffin. Petitioner's request for add'l time w/i which to pay the filing fee is GRANTED for good cause shown, & the R&R is modified to that extent. Petitioner shall comply with the requirements stated in the R&R by 5/4/09. Failure to timely comply with this order, or to obtain an add'l extension for good cause shown, will result in the dismissal of this action w/o prej, for failure to pay the filing fee. Signed by Honorable Stephen P. Friot on 4/6/09. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ROBERT GRIFFIN, Petitioner, vs. PAUL A. KASTNER, Respondent. ) ) ) ) ) ) ) ) ) )

Case No. CIV-09-0307-F

ORDER This action is filed by petitioner, a federal prisoner, appearing pro se, for habeas relief under 28 U.S.C. § 2241. Petitioner also filed a motion for in forma pauperis status. (Doc. no. 2.) On March 27, 2009, Magistrate Judge Bana Roberts filed a Report and Recommendation recommending that petitioner's motion for in forma pauperis status be denied, and recommending that this action be dismissed without prejudice unless petitioner pays the full $5.00 filing fee for this action to proceed. On April 2, 2009, petitioner filed a document entitled "Response for Filing Fee." (Doc. no. 6.) That documents is construed by the court as petitioner's response to the Report and Recommendation, and also as a motion for an extension of time within which to pay the filing fee. Furthermore, the court construes this document as a concession, by petitioner, that the motion for in forma pauperis should be denied as recommended by the Magistrate Judge, and that this action should be dismissed if the fee is not timely filed. That aspect of the Report is AFFIRMED and ACCEPTED, and petitioner's request for in forma pauperis status is DENIED. Petitioner's request for additional time within which to pay the filing fee is GRANTED for good cause shown, and the Report and Recommendation of the

Magistrate Judge is modified to that extent. Petitioner shall comply with the requirements stated in the Report and Recommendation on or before May 4, 2009. Failure to timely comply with this order, or to obtain an additional extension for good cause shown, will result in the dismissal of this action without prejudice, for failure to pay the filing fee. Dated this 6th day of April, 2009.

09-0307p002.wpd

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