Hobbs v. United States Court of Appeals

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION...in light of plaintiff's payment of the full filing fee his motions to proceed in forma pauperis 2 and for extension of time to pay filing fee 6 are stricken as moot. Signed by Honorable Joe Heaton on 05/20/2013. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JAMES J. HOBBS,

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Petitioner,
vs.
UNITED STATES COURT OF
APPEALS,
Respondent.

NO. CIV-13-0279-HE

ORDER
Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. Petitioner subsequently sought leave to proceed in
forma pauperis. 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 Report and Recommendation [Doc.
#5], Judge Purcell recommended that the motion be denied because petitioner has sufficient
financial resources to pay the fee. Petitioner filed a motion for an extension of time to pay
the filing fee and later paid the $5.00 fee.
In light of plaintiff’s payment of the full filing fee, his motions to proceed in forma
pauperis [Doc. #2] and for an extension of time to pay the filing fee [Doc. #6] are
STRICKEN as MOOT.

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

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