Rogers v. Oklahoma

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION 5 , denying 2 petitioner's motion for leave to proceed in forma pauperis, and recommitting this matter to Magistrate Judge for further proceedings. Case Referred to Magistrate Judge Gary M. Purcell. Signed by Honorable Vicki Miles-LaGrange on 6/20/2013. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DEMETRIUS T. ROGERS
Petitioner,
v.
STATE OF OKLAHOMA,
Respondent.

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Case No. CIV-13-453-M

ORDER
On May 6, 2013, United States Magistrate Judge Gary M. Purcell 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 the Court deny petitioner’s motion for leave to
proceed in forma pauperis and dismiss this action without prejudice unless petitioner paid the full
$5.00 filling fee to the Clerk of Court by May 28, 2013. On May 21, 2013, petitioner the full $5.00
filing fee.
Having carefully reviewed this matter de novo, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 5] issued by the Magistrate
Judge on May 6, 2013;

(2)

DENIES petitioner’s motion for leave 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 20th day of June, 2013.