Maddox v. Upton

Filing 7

ORDER adopting Report and Recommendations re 5 Report and Recommendation.; denying 2 Motion for Leave to Proceed in forma pauperis. Signed by Honorable Timothy D. DeGiusti on 5/18/2012. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
BILLY RAY MADDOX,
Petitioner,
v.
WARDEN UPTON,
Respondent.

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Case No. CIV-12-445-D

ORDER
This matter is before the Court for review of the Report and Recommendation issued
by United States Magistrate Judge Gary M. Purcell, recommending the denial of Petitioner’s
motion to proceed in forma pauperis and the dismissal of this habeas action if Petitioner fails
to pay the $5.00 filing fee. Within the time period for objections, Petitioner has paid the full
filing fee.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 5]
is adopted to the extent that Petitioner’s Application to Proceed Without Prepayment of Fees
[Doc. No. 2] is DENIED.
IT IS FURTHER ORDERED that the case is re-referred to Judge Purcell for further
proceedings consistent with the initial case referral.
IT IS SO ORDERED this 18th day of May, 2012.