Washington v. LNU et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION, the Court ADOPTS the 5 Report and Recommendation; DENIES w/o prej to refiling in proper judicial district Washington's 2 Motion for Leave to Proceed in forma pauperis and its discrection DISMISSES this matter w/o prej. Signed by Honorable Lee R. West on 4/26/13. (ap)

FILED

IN THE UNITED STATES DISTRICT COURT FOR

APR 2 6 2013
THE WESTERN DISTRICT OF OKLAHOMA
ANTHONY BLAKE WASHINGTON, JR.,)
)
Plaintiff,
)
)
vs.
)
)
SUSAN (last name indecipherable) and)

JANA MORGAN,
)

)

Defendants.
)

ROBERT O. DENNIS, CLERK
U.S. OIST. COURT. WESTERN OIST. OF OKlA

BY ~~

DEPUTY

No. CIV-13-311­ W

ORDER
On April 2, 2013, United States Magistrate Judge Gary M. Purcell issued a Report
and Recommendation in this matter and recommended that the Court deny the Motion for
Leave to Proceed in Forma Pauperis [Doc. 2] filed by plaintiff Anthony Blake Washington,
Jr., and dismiss this action for improper venue. Washington, who is proceeding pro se,
was advised of his right to object to the Report and Recommendation, see Doc. 5 at 3, but
he filed no objections within the allotted time.
Upon review of the record, the Court concurs with Magistrate Judge Purcell's finding
that venue in the Western District of Oklahoma is improper,~, 28 U.S.C. § 1391 (b), and
his suggested disposition of Washington's request to proceed without prepayment of fees
and costs.
Accordingly, the Court
(1) ADOPTS the Report and Recommendation [Doc. 5] filed on April 2, 2013;
(2) DENIES without prejudice to refiling in the proper judicial district Washington's
Motion for Leave to Proceed in Forma Pauperis [Doc. 2] file-stamped April 1, 2013; and

(3) in its discretion, DISMISSES this matter without prejudice.

ti,

28 U.S.C. §

1406(a).
ENTERED this

M. day of April, 2013.
LEEf-. WEST
U~lED STATES DISTRICT JUDGE

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