Rushing v Kastner

Filing 12

ORDER ADOPTING 8 REPORT AND RECOMMENDATION. Signed by Honorable Robin J. Cauthron on 7/28/14. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
KEVIN RUSHING,
Petitioner,
vs.
STATE OF OKLAHOMA, et al.,
Respondents.

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Case Number CIV-14-297-C

ORDER
On May 29, 2014, United States Magistrate Judge Suzanne Mitchell issued her Report
and Recommendation (“R&R”) in this case in which Petitioner pursues habeas corpus relief.
Judge Mitchell recommended that Petitioner’s claim be dismissed for failure to timely pay
the filing fee. To date, Petitioner has not responded to Judge Mitchell’s R&R. Rather,
Petitioner has filed another Petition for Writ of Habeas Corpus, a Motion for Leave to
Proceed in Forma Pauperis, and a Motion for Writ of Mandamus. These two latter
documents are directed to the Tenth Circuit Court of Appeals. Even assuming the IFP
request filed with the Tenth Circuit is meant to apply to the original writ, it is not on the
required form and does not contain the certificate executed by an authorized officer of the
institution where Petitioner is held. Therefore this document does not comply with
LCvR3.3(b) and it cannot be considered. The Court finds Plaintiff has been given ample
opportunity to pay the fee or properly seek IFP status and yet he has not done so.

Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge (Dkt. No. 8), and for the reasons announced therein, DISMISSES
Plaintiff’s Petitions (Dkt. Nos. 1 and 9) without prejudice. All pending motions filed with
this Court are stricken. A judgment will enter accordingly.
IT IS SO ORDERED this 28th day of July, 2014.

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