Martin v. Oklahoma City City of et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION; the 11 Report and Recommendation is ADOPTED in its entirety; plf's amended 7 Motion for Leave to Proceed in forma pauperis is DENIED; plf shall pay the filing fee in amt of $400.00 to Clk of Court w/i 20 days; failure to make full payment will result in dism w/o prej. Signed by Honorable Timothy D. DeGiusti on 8/8/13. (ap)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ANTJUAN L. MARTIN,
Plaintiff,
v.
CITY OF OKLAHOMA CITY, et al.,
Defendants.

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Case No. CIV-13-648-D

ORDER
This matter is before the Court for review of the Report and Recommendation issued by
United States Magistrate Judge Shon T. Erwin on July 22, 2013 [Doc. No. 11]. Judge Erwin
recommends that Plaintiff’s amended motion to proceed in forma pauperis under 28 U.S.C. § 1915
be denied because he has sufficient funds to pay the $400.00 filing fee, and that this action be
dismissed without prejudice unless Plaintiff pays the full filing fee within 20 days.
Plaintiff, who is represented by counsel, has not filed a timely written objection. Therefore,
further review of the Report is waived. See Moore v. United States, 950 F.2d 656, 659 (10th Cir.
1991); see also United States v. 2121 East 30th Street, 73 F.3d 1057, 1060 (10th Cir. 1996).
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 11] is
ADOPTED in its entirety. Plaintiff’s amended motion to proceed in forma pauperis [Doc. No. 7]
is DENIED. Plaintiff shall pay the filing fee for this action in the amount of $400.00 to the Clerk
of Court within 20 days from the date of this Order. Failure to make full payment by that date will
result in the dismissal of this action without prejudice to refiling.
IT IS SO ORDERED this 8th day of August, 2013.