Smith v. Wideman et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION 15 Supplemental Report and Recommendation of Magistrate Judge Gary Purcell...in light of plaintiff's payment of the full filing fee...the motion to proceed ifp is stricken as moot. Signed by Honorable Joe Heaton on 04/19/2013. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
FRED SMITH,
Plaintiff,
vs.
JUSTIN JONES, et al.,
Defendants.

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NO. CIV-12-1365-HE

ORDER
Plaintiff, a state prisoner appearing pro se, filed this civil rights action pursuant to 42
U.S.C. § 1983. Plaintiff sought leave to proceed in forma pauperis (“ifp”). Consistent with
28 U.S.C. § 636(b)(1)(B), the matter was referred for initial proceedings to Magistrate Judge
Gary M. Purcell. In a Supplemental Report & Recommendation [Doc. #15], Judge Purcell
recommend that plaintiff’s motion be denied because plaintiff has sufficient financial
resources to pay the filing fee. Plaintiff subsequently paid the full $350.00 filing fee [Doc.
#16]. Objections to the magistrate judge’s report and recommendation were due by March
25, 2013.
Plaintiff, having failed to object to the report and recommendation, has waived his
right to review of the factual and legal issues it addressed. United States v. 2121 E. 30th St.,
73 F.3d 1057, 1059 (10th Cir. 1996); see also 28 U.S.C. § 636(b)(1)(C) (“A judge of the
court shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” (emphasis added)). In
light of plaintiff’s payment of the full filing fee, his motion to proceed in forma pauperis

[Doc. #12] is STRICKEN as MOOT.
IT IS SO ORDERED.
Dated this 19th day of April, 2013.

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