Gonzalez v. Rios

Filing 10

ORDER ADOPTING (in modified form) 8 Report and Recommendation, DENYING 7 Motion for Leave to Proceed in forma pauperis filed by Julio N Gonzalez, GRANTING 9 Motion for Extension of Time filed by Julio N Gonzalez. Petitioner is DIRECTED to pa y the $5.00 filing fee w/i 6 weeks of this date. Failure to comply will result in dismissal of this action w/o prejudice. Petitioner may require an extra copy of the Report & this order, to present to officials responsible for remitting the filing fee. The clerk is DIRECTED to send petitioner an extra copy of these docs. Signed by Honorable Stephen P. Friot on 11/14/13. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JULIO N. GONZALEZ,
Petitioner,
vs.
HECTOR RIOS, Warden,
Respondent.

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Case No. CIV-13-0997-F

ORDER
Petitioner seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner appears pro se and his pleadings are liberally construed.
The Report and Recommendation by Magistrate Judge Shon T. Erwin, doc. no.
8 (the Report), finds that petitioner has sufficient resources to pay the $5.00 filing fee.
The Report recommends that petitioner’s motion for in forma pauperis status therefore
be denied, and that petitioner be required to pay the $5.00 filing fee in order for this
action to proceed.
Petitioner has not objected to the Report, nor has he requested additional time
to object. Petitioner has, however, filed a letter, which is construed as a motion
seeking additional time within which to pay the filing fee. Doc. no. 9. The motion
for additional time is GRANTED, as follows. The Report will be adopted but in
modified form, to provide petitioner with a total of six weeks after the date of this
order (instead of twenty days, as recommended in the Report) within which to pay the
fee.
Accordingly, with no objection having been made, the modified Report of the
magistrate judge is ADOPTED, ACCEPTED and APPROVED. Petitioner’s motion

for leave to proceed in forma pauperis is DENIED, and petitioner is DIRECTED to
pay the $5.00 filing fee within six weeks of the date of this order. Failure to comply
will result in dismissal of this action, without prejudice. Petitioner may require an
extra copy of the Report and this order, to present to officials responsible for remitting
the filing fee. The clerk is DIRECTED to send petitioner an extra copy of these
documents.
Dated this 14th day of November, 2013.

13-0997p001.wpd

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