Stevens v. Salvation Army ARC et al

Filing 8

ORDER ADOPTING 6 Report and Recommendation, DENYING 3 Motion for Leave to Proceed in forma pauperis filed by Jimmy Don Stevens, ORDERING plf to pay the full $400 filing fee w/i 20 days of this date. If plf fails to pay the $400 filing fee w/i 20 days of this date, this action shall be dismissed w/o prejudice. Signed by Honorable Stephen P. Friot on 7/3/14. (llg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA

JIMMY DON STEVENS,
Plaintiff,
-vsSALVATION ARMY ARC, et al.,
Defendants.

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Case No. CIV-14-636-F

ORDER
On June 20, 2014, United States Magistrate Judge Shon T. Erwin issued a
Report and Recommendation, wherein he recommended that plaintiff’s application for
leave to proceed in forma pauperis be denied and that plaintiff be ordered to prepay
in full the $400.00 filing fee. Magistrate Judge Erwin further recommended that this
action be dismissed without prejudice to refiling unless plaintiff pays the $400.00
filing fee within 20 days of any order adopting the Report and Recommendation.
Presently before the court is plaintiff’s timely objection to the Report and
Recommendation. In accordance with 28 U.S.C. § 636(b)(1), the court has conducted
a de novo review of the matter. Having done so, the court concurs with Magistrate
Judge Erwin. The record reflects that plaintiff has $766.79 in his institutional
accounts which is available to pay the filing fee. Although plaintiff states that
magistrate judges in the Western District of Arkansas have granted him leave to
proceed in forma pauperis, there is no showing that the magistrate judges had the same
information before them in adjudicating the in forma pauperis applications as this
court has before it. This court must adjudicate plaintiff’s application based upon the
information before it and this information indicates that plaintiff has the ability to pay

the full $400 filing fee. The court therefore accepts, adopts and affirms the Report and
Recommendation issued by Magistrate Judge Erwin in its entirety.
Accordingly, the Report and Recommendation (doc. no. 6) issued by United
States Magistrate Judge Shon T. Erwin on June 20, 2014 is ACCEPTED, ADOPTED
and AFFIRMED. Plaintiff’s Application for Leave to Proceed in Forma Pauperis
(doc. no. 3) filed June 18, 2014 is DENIED. Plaintiff is ORDERED to pay the full
$400 filing fee within 20 days of the date of this order. If plaintiff fails to pay the
$400 filing fee within 20 days of the date of this order, the above-entitled action shall
be dismissed without prejudice.
DATED July 3, 2014.

14-0636p001.wpd

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