Perry v. GEO Group Inc et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Honorable David L. Russell on 10/26/12. (ns)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
JOSEPH E. PERRY,
Plaintiff,
v.
GEO GROUP, INC., et al.,
Defendants.

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Case No. CIV-12-895-R

ORDER
Before the Court are the Report and Recommendation of the United States Magistrate
Judge Gary M. Purcell [Doc. No. 14] and Plaintiff’s Objection to the Report and
Recommendation [Doc. No. 15]. Pursuant to 28 U.S.C. § 636(b)(1)(B), the Court reviews
the Report and Recommendation de novo in light of Plaintiff’s Objection.
In his Objection, Plaintiff states that he has shown every attempt to pay the filing fee
and that Lawton Correctional Facility owned by Defendants has refused to issue the check
for his filing fee. He also states that he has shown his indigency and been granted leave to
proceed in forma pauperis.
The latter statement by Plaintiff is true, and as a consequence, Plaintiff was only
ordered to make an initial payment of $36.45 toward payment of the filing fee. Plaintiff was
initially ordered to pay that amount by September 18, 2012, or show cause why he was
unable to make the required payment. He was later granted an extension of time until
October 5, 2012 to make the required payment of $36.45. Plaintiff has stated only that the
DOC refused to write a check for the $350.00 filing fee, which Plaintiff was never required

to pay in a lump sum. Plaintiff has still wholly failed to pay the initial partial filing fee or
show cause why he is unable to make that payment.
Accordingly, Plaintiff’s Objection is without merit, the Report and Recommendation
of the Magistrate Judge [Doc. No. 14] is ADOPTED and Plaintiff’s Complaint is
DISMISSED without prejudice to refiling.
IT IS SO ORDERED this 26th day of October 2012.

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