Large v. Harvanek

Filing 44

ORDER ADOPTING 15 Report and Recommendation, GRANTING 17 Motion for Leave, GRANTING 28 Motion for Order filed by Johnathan C Large, DENYING 7 Amended Motion for Leave to Proceed in forma pauperis. Petitioner is DIRECTED to pay the $5.00 filing fee w/i 30 days of this date. Failure to comply will result in dismissal of this action. Signed by Honorable Stephen P. Friot on 10/23/13. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JOHNATHAN C. LARGE,
Petitioner,
vs.
KAMERON HARVANEK,
Respondent.

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Case No. CIV-13-1003-F

ORDER
Petitioner seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
The Report and Recommendation by Magistrate Judge Gary M. Purcell, doc.
no. 15 (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 be
denied and that he be required to pay the $5.00 filing fee in order for this action to
proceed. Petitioner has not objected to the Report. Specifically, he has not objected
to the finding that he has sufficient funds to pay the filing fee, or to the
recommendation that he be denied pauper status, or to the recommendation that this
action should be dismissed if the filing fee is not paid.
Having reviewed the matter, and with there being no objection, the court agrees
with the Report and finds that no purpose would be served by any further analysis
here.
Since the filing of the Report, petitioner has filed twenty-one applications or
motions.1 Of these, the filings at doc. nos. 17 and 28 are construed as requesting
additional time to pay the $5.00 filing fee. Construed in that manner, the motions at
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Petitioner has also filed several letters and notices.

doc. nos. 17 and 28 are GRANTED, and petitioner is hereby provided an additional
thirty days from the date of this order within which to submit the $5.00 filing fee in
order to avoid dismissal of this action.
Accordingly, the Report and Recommendation of Magistrate Judge Purcell is
ACCEPTED, ADOPTED and AFFIRMED in its entirety, petitioner’s Amended
Motion for Leave to Proceed In Forma Pauperis (doc. no. 7) is DENIED, and
petitioner is DIRECTED to pay the $5.00 filing fee within thirty days of the date of
this order. Failure to comply will result in dismissal of this action.
Dated this 23rd day of October, 2013.

13-1003p001.wpd

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