Ransom v. Corley et al

Filing 9

ORDER ADOPTING 7 Report and Recommendation, GRANTING 8 Objection to the Report and Recommendation to the extent that plf requests an extension of the date on which the initial partial pymt of $93.33 is due. The date for the initial partial pymt of $93.33 is extended an addl 4 weeks from this date. Plf is advised that he may present copies of this order, & of the Magistrate Judge's order of 1/10/14, to prison officials for the purpose of facilitating the pymt. The clerk is DIRECTED to send plf 3 copies of this order & of the Magistrate Judge's order of 1/10/14 so that plf will have extra copies to present to prison officials. As indicated in the Magistrate Judge's order of 1/10/14, after pymt of the initial partial filing fee, the magistrate judge will enter an order directing the agency having custody of plf to collect & forward the monthly pymts until the filing fee is paid in full. Plf is ADVISED that failure to comply with the new ddl for pymt of the initial partial filing fee will result in dismissal of this action w/o prejudice. Signed by Honorable Stephen P. Friot on 3/5/14. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
EUGENE RANSOM,

)
)
)
)
)
)
)
)
)

Plaintiff,
vs.
PHILLIP CORLEY, et al.,
Defendants.

Case No. CIV-14-0023-F

ORDER
On February 20, 2014, Magistrate Judge Shon T. Erwin entered a Report and
Recommendation (the Report) in this prisoner civil rights matter, recommending that
this action be dismissed without prejudice for failure to pay the initial partial filing fee
as required by the magistrate judge’s order of January 10, 2014. Report at doc. no. 7;
order regarding payment at doc. no. 5.
Plaintiff Ransom does not object to paying the fee, but he objects to the Report
on the ground that he never received the January 10, 2014 order regarding payment.
Plaintiff states that he has had mail-delivery issues of this same type in the past.
All objected to matters have been reviewed de novo, and plaintiff’s pleadings
have been liberally construed. The court construes the objection as a request for an
extension of the date on which the initial partial payment of $93.33 is due.
construed, the objection is GRANTED.

So

In all other respects the Report is

ADOPTED and AFFIRMED.
The date for the initial partial payment of $93.33 is hereby extended an
additional four weeks from today’s date. Plaintiff is also advised that he may present
copies of this order, and of the Magistrate Judge’s order of January 10, 2014, to prison

officials for the purpose of facilitating the payment. The clerk is DIRECTED to send
plaintiff three copies of this order and of the Magistrate Judge’s order of January 10,
2014, so that plaintiff will have extra copies to present to prison officials. As
indicated in the Magistrate Judge’s order of January 10, 2014, after payment of the
initial partial filing fee, the magistrate judge will enter an order directing the agency
having custody of plaintiff to collect and forward the monthly payments until the
filing fee is paid in full.
Plaintiff is ADVISED that failure to comply with the new deadline for payment
of the initial partial filing fee will result in dismissal of this action without prejudice.
Dated this 5th day of March, 2014.

14-0023p001.wpd

-2-