Cotton v. Garfield County Jail et al

Filing 10

ORDER adopting Report and Recommendations re 8 Report and Recommendation. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
LEE COTTON,
Plaintiff,
v.
GARFIELD COUNTY JAIL, et al.,
Defendants.

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Case No. CIV-14-1078-D

ORDER
This matter is before the Court for review of the Report and Recommendation issued
by United States Magistrate Judge Gary M. Purcell. Judge Purcell recommends that
Plaintiff’s action under 42 U.S.C. § 1983 be dismissed without prejudice to refiling for
failure to pay the initial partial filing fee required by 28 U.S.C. § 1915(b)(1), or to show
cause for nonpayment. Within the time period for a written objection, Plaintiff has paid the
required fee. Under these circumstances, the Court finds that the action should not be
dismissed.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 8]
is not adopted. This matter is re-referred to Judge Purcell for further proceedings consistent
with the initial case referral.
IT IS SO ORDERED this 4th day of December, 2014.