Banks v. Fitzgerald et al

Filing 8

ORDER ADOPTING #6 Report and Recommendation, DISMISSING action without prejudice, DEEMING MOOT #2 Motion for Leave to Proceed in forma pauperis filed by Frederick Banks. Signed by Honorable Stephen P. Friot on 11/26/14. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
FREDERICK BANKS,
Plaintiff,
vs.
RICH FITZGERALD, et al.,
Defendants.

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Case No. CIV-14-1163-F

ORDER
The Report and Recommendation of Magistrate Judge Suzanne Mitchell is
before the court. Doc. no. 6 (the Report). The Report recommends that plaintiff/
petitioner’s claims be summarily dismissed without prejudice, and that his motion for
in forma pauperis status, doc. no. 2, be deemed moot. The Report advised plaintiff/
petitioner of his right to make objections to the Report, and that failure to make
timely objection waives the right to appellate review of the recommended ruling. No
objection or request for an extension of time has been filed. Having conducted its
own review and with there being no objection, the Report and Recommendation of
Magistrate Judge Mitchell is ACCEPTED, ADOPTED and AFFIRMED. This
action is DISMISSED without prejudice, and the motion for leave to proceed in
forma pauperis is deemed moot.
Dated this 26th day of November, 2014.

14-1163p001.wpd