Fitzpatrick v. Monday et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION 5 , denying 2 petitioner's motion to proceed in forma pauperis, and recommitting this matter to the Magistrate Judge for further proceedings. Signed by Honorable Vicki Miles-LaGrange on 4/19/2013. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
KEMAN FITZPATRICK,
Petitioner,
vs.
WILLIAM MONDAY, Warden, et al.,
Respondent.

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Case No. CIV-13-284-M

ORDER
On March 28, 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. The Magistrate Judge recommended that petitioner’s motion to proceed in forma pauperis
be denied and that petitioner be ordered to prepay the full $5.00 filing fee for this action to proceed.
Petitioner was advised of his right to object to the Report and Recommendation by April 15, 2013.
On April 4, 2013, petitioner paid the full $5.00 filing fee.
Upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 5] issued by the Magistrate
Judge on March 28, 2013;

(2)

DENIES petitioner’s motion to proceed in forma pauperis [docket no. 2], and

(3)

RECOMMITS this matter to the Magistrate Judge for further proceedings.

IT IS SO ORDERED this 19th day of April, 2013.