Howard v. Birchfield et al

Filing 6

ORDER ADOPTING 5 Report and Recommendation, DENYING without prejudice 2 Motion for Leave to Proceed in forma pauperis filed by Don A Howard, DISMISSING action without prejudice, for improper venue. Signed by Honorable Stephen P. Friot on 10/28/09. (llg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA DON A. HOWARD, Plaintiff, -vsBRANDI BIRCHFIELD, Medical Director, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. CIV-09-1017-F ORDER In his Report and Recommendation addressing this civil rights action brought under 42 U.S.C. § 1983, Magistrate Judge Gary M. Purcell recommends denial of the motion for leave to proceed in forma pauperis without prejudice. The magistrate judge also recommends dismissal of this action without prejudice for improper venue. Plaintiff has not filed an objection or sought an extension of time within which to do so. Upon review, the court concurs with the magistrate judge and finds that no further analysis need be set out here. Accordingly, the Report and Recommendation (doc. no. 5) is ACCEPTED, ADOPTED and AFFIRMED, and the motion for leave to proceed in forma pauperis is DENIED without prejudice (doc. no. 2). This action is hereby DISMISSED without prejudice, for improper venue. Dated this 28th day of October, 2009. 09-1017p003.wpd

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