Hill v. Mullin et al

Filing 7

ORDER ADOPTING 5 Report and Recommendation. Petitioner's motion for in forma pauperis status is DENIED. As the $5 filing fee has now been pd, the recommendations for ordering pymt of the filing fee, or dismissing the action if petitioner fails to pay the filing fee, are moot. This action is REFERRED back to Magistrate Judge Robert Bacharach for all purposes consistent w/the original referral. Signed by Honorable Stephen P. Friot on 9/30/09. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JEREMIAH RAMON HILL, Petitioner, vs. MIKE MULLIN, Respondent. ) ) ) ) ) ) ) ) )

Case No. CIV-09-1003-F

ORDER The Report and Recommendation of Magistrate Judge Robert E. Bacharach (doc. no. 5) recommends denying the motion to proceed in forma pauperis. After review, the court adopts the recommendations of the Magistrate Judge, and the motion for in forma pauperis status (see petitioner's financial affidavit at doc. no. 2) is hereby DENIED. The Report further recommends ordering payment of the $5.00 filing fee, or dismissing this action if petitioner fails to timely pay the fee. However, the court's docket sheet (doc. no. 6) now reflects payment of the filing fee by the petitioner. Accordingly, these other matters are moot. This action is referred back to the Magistrate Judge for all purposes consistent with the original referral. Dated this 30th day of September, 2009.

09-1003p002.wpd