Waggoner v. Hutchinson et al

Filing 17

ORDER ADOPTING 14 REPORT AND RECOMMENDATION. Signed by Honorable Robin J. Cauthron on 11/13/14. (lg)

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

CHARLES WAGGONER,
Plaintiff,
vs.
SHERRY HUTCHINSON, et al.,
Defendants.

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No. CIV-14-801-C

ORDER

This civil rights action brought by a prisoner, proceeding pro se, was referred to
United States Magistrate Judge Charles B. Goodwin, consistent with the provisions of 28
U.S.C. § 636(b)(1)(B). Judge Goodwin entered a Report and Recommendation on October
20, 2014, in which he recommended vacating the in forma pauperis Order and requiring
Plaintiff to pay the full filing fee. See 28 U.S.C. § 1915(g). Plaintiff has timely objected.
The Court therefore considers the matter de novo.
In his objection, Plaintiff argues he has only two strikes and that he is, in fact, in
imminent danger of serious physical injury. Neither argument is supported by either fact or
law. The Court finds the conclusions of the Magistrate Judge are correct and supported by
law.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge, and for the reasons announced therein, vacates the Order of August 29,

2014 (Dkt. No. 11), to the extent the Order granted Plaintiff’s request to proceed without full
prepayment of the filing fee; revokes Plaintiff’s in forma pauperis status; and orders Plaintiff
to pay the remaining balance owed on the full $400.00 filing fee (i.e., $330.05), or to show
good cause for the failure to do so, within 21 days of this date.
IT IS SO ORDERED this 13th day of November, 2014.

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