Franklin v. Oklahoma State of et al

Filing 7

ORDER ADOPTING 6 Report and Recommendation, DENYING 2 Motion for Leave to Proceed in forma pauperis filed by Cortez L Franklin. Petitioner is directed to pay the filing fee w/i 21 days of this date. Absent pymt of the fee or a showing of good cause for the failure to do so, this action w/be dismissed w/o prejudice. Signed by Honorable Stephen P. Friot on 9/13/12. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CORTEZ L. FRANKLIN,
Petitioner,
vs.
STATE OF OKLAHOMA,
Respondent.

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Case No. CIV-12-0865-F

ORDER
Magistrate Judge Robert E. Bacharach has filed a Report and Recommendation,
doc. no. 6, recommending that the court: 1) deny the motion to proceed in forma
pauperis (doc. no. 2) because petitioner has adequate funds for the filing fee; 2) order
payment of the fee within twenty-one days; and 3) dismiss this action without
prejudice absent failure to pay the fee. The Report also advised that failure to object
to the Report would waive the right to appellate review over denial of pauper status
in district court. No objection has been filed, and no extension has been requested.
Upon review, and with no objection having been filed, the Report is ACCEPTED,
ADOPTED and AFFIRMED. Petitioner is directed to pay the filing fee within
twenty-one days of the date of this order. Absent payment of the fee or a showing of
good cause for the failure to do so, this action will be dismissed without prejudice.
Dated this 13th day of September, 2012.

12-0865p001.wpd