Johnson v. Lane et al

Filing 13

ORDER denying 2 Motion for Leave to Proceed in forma pauperis; adopting Report and Recommendations re 9 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 5/22/2014. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JEFFERY JOHNSON,
Petitioner,
v.
REECE LANE, et al.,
Respondents.

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Case No. CIV-14-307-D

ORDER
Petitioner, an inmate appearing pro se, filed this action seeking habeas corpus relief pursuant
to 28 U.S.C. § 2241. See Order [Doc. No. 8]. This matter is before the Court for review of the
Report and Recommendation [Doc. No. 9] issued on April 18, 2014 by United States Magistrate
Judge Shon T. Erwin pursuant to 28 U.S.C. § 636(b)(1)(B) and (C).
In the Report and Recommendation, the Magistrate Judge recommended that Petitioner’s
Motion for Leave to Proceed In Forma Pauperis [Doc. No. 2] be denied. Additionally, the
Magistrate Judge recommended that the action be dismissed without prejudice to refiling unless
Petitioner paid the requisite $5.00 filing fee within twenty (20) days of any order adopting the
Report and Recommendation. The Mag istrate Judge specifically advised Petitioner of his right to
object to the findings and recommendations set forth therein. He further advised Petitioner that his
failure to timely object would constitute a waiver of his right to appellate review of the factual and
legal matters in the Report and Recommendation. Petitioner’s deadline for filing objections was
May 9, 2014.
To date, Petitioner has not filed an objection to the Report and Recommendation or sought
an extension of time in which to do so. Accordingly, the Court ADOPTS the Report and

Recommendation [Doc. No. 9] in its entirety and Petitioner’s Motion for Leave to Proceed In Forma
Pauperis [Doc. No. 2] is DENIED.
The Court docket further reflects that on April 21, 2014, Petitioner paid the $5.00 filing fee.
See Receipt for Payment [Doc. No. 10]. Because Petitioner has complied with the Court’s directive
to pay the $5.00 filing fee, the matter shall proceed before Magistrate Judge Erwin pursuant to the
Court’s previous referral order [Doc. No. 5].
IT IS SO ORDERED this 22nd day of May, 2014.

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