Embrey v. Oklahoma State of et al

Filing 16

ORDER ADOPTING 15 Report and Recommendation, DENYING 2 Motion for Leave to Proceed in forma pauperis filed by William J R Embrey. This case shall be dismissed w/o prejudice unless plf pays the full filing fee w/i 10 days of this date. Signed by Honorable Stephen P. Friot on 10/21/13. (llg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA

WILLIAM J.R. EMBREY,
Plaintiff,
-vsSTATE OF OKLAHOMA, et al.,

Defendants.

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Case No. CIV-13-360-F

ORDER
On September 17, 2013, United States Magistrate Judge Shon T. Erwin issued
a Report and Recommendation, wherein he recommended that plaintiff’s motion to
proceed in forma pauperis be denied and that the action be dismissed without
prejudice unless plaintiff pays the full filing fee within ten days of any order adopting
the Report and Recommendation. Magistrate Judge Erwin advised plaintiff that any
objections to the Report and Recommendation must be filed by October 4, 2013 and
that failure to make timely objection constitutes a waiver of the right to appellate
review of both factual and legal issues addressed.
To date, plaintiff has not filed an objection to the Report and Recommendation
and has not sought an extension of time to file an objection. With no objection being
filed, the court accepts, adopts and affirms the Report and Recommendation in its
entirety.
Accordingly, the Report and Recommendation issued by United States
Magistrate Judge Shon T. Erwin on September 17, 2013 (doc. no. 15) is
ACCEPTED, ADOPTED and AFFIRMED. Plaintiff’s motion to proceed in forma

pauperis (doc. no. 2) is DENIED. The above-captioned matter shall be dismissed
without prejudice unless plaintiff pays the full filing fee within ten days of the date of
this order.
DATED October 21, 2013.

13-0360p002.wpd

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