Pace v. Addison et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION 5 of Magistrate Judge Suzanne Mitchell and denies petitioner's motion 5 to proceed in forma pauperis...this case is REFERRED back to Magistrate Judge Mitchell for further initial proceedings. Signed by Honorable Joe Heaton on 08/11/2014. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
BOYD PACE,

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Petitioner,
vs.
MICHAEL K. ADDISON,
Warden,
Respondent.

NO. CIV-14-0750-HE

ORDER
Petitioner Boyd Pace, a state prisoner appearing pro se, filed this action seeking
habeas relief. Consistent with 28 U.S.C. § 636(b)(1)(B), (C), the matter was referred for
initial proceedings to Magistrate Judge Suzanne Mitchell. The magistrate judge has issued
a Report and Recommendation recommending that petitioner’s application to proceed in
forma pauperis be denied. She concluded petitioner has sufficient funds to prepay the $5
filing fee and recommended that the action be dismissed without prejudice unless he paid the
fee in full. Petitioner did not object to the Report and Recommendation, but rather paid the
$5 filing fee on July 31, 2014. See Doc. #7.
Accordingly, the court adopts the Report and Recommendation, DENIES petitioner’s
motion to proceed in forma pauperis [Doc. # 5] and refers the matter back to Magistrate
Judge Mitchell for further initial proceedings.

IT IS SO ORDERED.
Dated this 11th day of August, 2014.

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