Marshall v. Rios et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION 16 of Magistrate Judge Suzanne Mitchell...the court dismisses this case without prejudice. Signed by Honorable Joe Heaton on 02/20/2015. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
BILLY GENE MARSHALL,
Plaintiff,
vs.
H.A. RIOS, JR., Warden L.C.F., et. al.,
Defendants.

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NO. CIV-14-1181-HE

ORDER
Plaintiff Billy Gene Marshall, a state prisoner appearing pro se and in forma pauperis,
filed this action pursuant to 42 U.S.C. § 1983. Consistent with 28 U.S.C. § 636(b)(1)(B), this
matter was referred for initial proceedings to Magistrate Judge Suzanne Mitchell, who
recommends this case be dismissed in accordance with L.Cv.R. 3.3(e) for failure to timely
pay filing fees [Doc. #16]. Having failed to object to the Report and Recommendation, the
parties have waived their right to appellate review of the factual and legal issues it addressed.
United States v. One Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996); see
28 U.S.C. § 636(b)(1)(C). Accordingly, the court adopts the Report and Recommendation
[Doc. # 16] and DISMISSES the case without prejudice.
IT IS SO ORDERED.
Dated this 20th day of February, 2015.