Hodges v. Wilkinson et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION 6 and denying 5 petitioner's motion for leave to proceed in forma pauperis. Signed by Honorable Vicki Miles-LaGrange on 6/20/2013. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
OCTAVIOUS HODGES,
Petitioner,
vs.
TIM WILKINSON, et al.,
Respondents.

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Case No. CIV-13-249-M

ORDER
On April 11, 2013, United States Magistrate Judge Shon T. Erwin issued a Report and
Recommendation in this action brought pursuant to 28 U.S.C. § 2254, seeking a writ of habeas corpus.
Petitioner also filed an Affidavit construed as a motion for leave to proceed in forma pauperis and supporting
documents. The Magistrate Judge recommends that petitioner’s motion for leave to proceed in forma
pauperis be DENIED and the action be dismissed without prejudice unless petitioner pays the full filing fee
to the Clerk within twenty (20) days of any order adopting the Report and Recommendation. The parties were
advised of their right to object to the Report and Recommendation by April 29, 2013. No objection has been
filed.

Upon de novo review of this matter, the Court:
(1)

ADOPTS the Report and Recommendation issued by the United States Magistrate
Judge on April 11, 2013; and

(2)

DENIES Petitioner’s Motion for Leave to Proceed In Forma Pauperis [docket no.
5].

IT IS SO ORDERED this 20th day of June, 2013.