Hawkins v. United States of America

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION for 6 Report and Recommendation. In the interim, however, Petitioner paid the $5.00 filing fee, which should not have been assessed as this action was opened in error through no fault of Mr. Hawkins. The Clerk of Court is hereby ordered to REFUND the filing fee to Petitioner, as more fully set out. Signed by Honorable David L. Russell on 4/29/15. (jw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
RICHARD CHARLES HAWKINS, JR.,

Petitioner,
v.

UNITED STATES OF AMERICA,
Respondent.

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Case No. CIV-15-106-R

ORDER
On January 29, 2015, the Clerk of Court received a "Motion to Amend the Courts
Sentencing Order and or a Nunc Pro Tunc Order Designignating (sic) the Bureau of Prisons
to Correct the Starting Date of Petitioner's Federal Sentence." (Doc. No. 1). The motion was
filed in the criminal case noted on the front page, CR-09-24-M, and for reasons unknown to
the undersigned, the matter was also opened as a petition for writ of habeas corpus and
assigned the above number. The matter was referred to United States Magistrate Judge
Suzanne Mitchell for preliminary review, and she ordered Petitioner to either pay the $5.00
filing fee or to cure his deficiency with regard to proceeding in forma pauperis.
Simultaneously the matter was proceeding in the context of Mr. Hawkin's criminal case. The
matter is currently before the Court on Judge Mitchell's Report and Recommendation
wherein she recommends that this matter be dismissed because the issue is being addressed
in the criminal action by the assigned judge of this Court. Petitioner has not objected to the
Report and Recommendation, and the Court therefore DISMISSES the action in accordance

with Judge Mitchell's recommendation. In the interim, however, Petitioner paid the $5.00
filing fee, which should not have been assessed as this action was opened in error through
no fault of Mr. Hawkins. The Clerk of Court is hereby ordered to REFUND the filing fee to
Petitioner.
IT IS SO ORDERED this 29th day of April, 2015.

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