Hobbs v. Fox

Filing 10

ORDER denying 7 Motion for Leave to Proceed in forma pauperis; adopting Report and Recommendations re 8 Report and Recommendation.; denying 2 Motion for Leave to Proceed in forma pauperis. Signed by Honorable Timothy D. DeGiusti on 4/14/2015. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
SAJCHA D. HOBBS,

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Petitioner,
v.
FOX, Warden,
Respondent.

Case No. CIV-15-91-D

ORDER
This matter is before the Court for review of the Report and Recommendation [Doc. No. 8]
issued on March 19, 2015, by United States Magistrate Judge Charles B. Goodwin pursuant to 28
U.S.C. § 636(b)(1)(B) and (C). In the Report and Recommendation, the Magistrate Judge
recommended that Petitioner’s Motions for Leave to Proceed In Forma Pauperis [Doc. Nos. 2, 7]
be denied. Additionally, the Magistrate Judge recommended that the action be dismissed without
prejudice to refiling unless Petitioner paid the requisite $5.00 filing fee within twenty-one (21) days
of any order adopting the Report and Recommendation. The Magistrate Judge specifically advised
Petitioner of his right to object to the findings and recommendations set forth therein. He further
advised Petitioner that his failure to timely object would constitute a waiver of his right to appellate
review of the factual and legal matters in the Report and Recommendation. Petitioner’s deadline
for filing objections was April 9, 2015.
To date, Petitioner has not filed an objection to the Report and Recommendation or sought
an extension of time in which to do so. Accordingly, the Court ADOPTS the Report and
Recommendation [Doc. No. 8] in its entirety and Petitioner’s Motions for Leave to Proceed In
Forma Pauperis [Doc. Nos. 2, 7] are DENIED.

The Court docket further reflects that on April 7, 2015, Petitioner paid the $5.00 filing fee.
See Receipt for Payment [Doc. No. 9]. Because Petitioner has timely complied with the Court’s
directive to pay the $5.00 filing fee, the matter shall proceed before Magistrate Judge Goodwin
pursuant to the Court’s previous referral order [Doc. No. 4].
IT IS SO ORDERED this 14th day of April, 2015.

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