Kennedy v. Addison

Filing 10

ORDER ADOPTING 5 Report and Recommendation, DENYING 6 Objection to Magistrate's Report and Recommendation filed by Loyd Kennedy, DENYING 2 Motion for Leave to Proceed in forma pauperis filed by Loyd Kennedy, RE-REFERRING CASE to Magistrate Judge Shon T. Erwin. Motions referred to Shon T. Erwin. Signed by Honorable Stephen P. Friot on 9/24/14. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
LOYD KENNEDY,
Petitioner,
vs.
WARDEN MIKE ADDISON,
Respondent.

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Case No. CIV-14-0925-F

ORDER
The Report and Recommendation of Magistrate Judge Shon T. Erwin, doc. no.
5, and petitioner’s objections to the Report, doc. no. 6, are before the court.
The Report recommends denial of the application for in forma pauperis status,
doc. no. 2. The Report recommends that this action be dismissed if petitioner does not
pay the full $5.00 filing fee within twenty days of the date of the Report. Petitioner
does not object to denial of in forma pauperis status. Rather, his objection states that
he intends to pay the filing fee, which he has now done. Doc. no. 9 (receipt).
The Report also recommends that petitioner file an amended petition for habeas
relief. Petitioner objects, stating that he should not be required to use a specific form.
The Report merely recommends that petitioner submit an amended petition on the
form sent to him by the magistrate judge. Regardless, petitioner’s objection states that
he intends to file an amended petition and he has now done so. Doc. no. 8.
Petitioner objects to the Report, stating that if he had been furnished a copy of
the referral he would have protested Magistrate Erwin’s appointment. Doc. no. 6.
Petitioner’s objection to the referral of this matter to Magistrate Judge Erwin is
DENIED.

Magistrate Judge Erwin’s Report is ADOPTED. Petitioner’s application for
in forma pauperis status, doc. no. 2, is DENIED. This matter is re-referred to the
magistrate judge, for all purposes consistent with the original referral.
Dated this 24th day of September, 2014.

14-0925p001.wpd

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