Thompson v. Warden et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION 21 of Magistrate Judge Gary Purcell and dismisses this case without prejudice. Signed by Honorable Joe Heaton on 06/26/2014. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CYNTHIA R. THOMPSON,
Plaintiff,
vs.
SHARON HARRISON, et al.,
Defendants.

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NO. CIV-13-1268-HE

ORDER
Plaintiff, a state prisoner appearing pro se, filed this § 1983 action complaining about
her conditions of confinement. Consistent with 28 U.S.C. § 636(b)(1)(B), the matter was
referred for initial proceedings to Magistrate Judge Gary M. Purcell, who has recommended
that the action be dismissed without prejudice.
The procedural history of this case is detailed in the magistrate judge’s Report and
Recommendation and will not be repeated here. Simply put, in his April 16, 2014, order, the
magistrate judge granted plaintiff leave to proceed in forma pauperis (“ifp”) and directed her
to pay the initial partial filing fee of $7.42 by May 5, 2014. She was advised that if she failed
to pay the fee or show cause in writing why she had not, the action could be dismissed
without prejudice. When plaintiff did not comply with his May 5 order, the magistrate judge
issued a Supplemental Report and Recommendation recommending that the case be
dismissed. Plaintiff did not file an objection and thereby waived her right to appellate review
of the issues addressed in the Supplemental Report and Recommendation. See United States
v. One Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996). See 28 U.S.C. §

636(b)(1)(C).
Accordingly, the court ADOPTS Magistrate Judge Purcell’s Supplemental Report and
Recommendation and dismisses this case without prejudice.
IT IS SO ORDERED.
Dated this 26th day of June, 2014.

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