Mata v. Doe et al

Filing 9

ORDER denying 2 Motion for Leave to Proceed in forma pauperis; adopting Report and Recommendations re 8 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 05/14/15. (wh)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CARLOS M. MATA, SR.,
Plaintiff,
v.
JOHN DOE, et al.,
Defendants.

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Case No. CIV-15-247-D

ORDER
This matter is before the Court for review of the Report and Recommendation issued by
United States Magistrate Judge Charles B. Goodwin [Doc. No. 8] pursuant to 28 U.S.C. § 636(b)(1).
Judge Goodwin recommends that Plaintiff’s Application for Leave to Proceed In Forma Pauperis
pursuant to 28 U.S.C. § 1915 be denied, and that this action be dismissed without prejudice unless
Plaintiff pays the full $400 filing fee within 21 days of any order adopting the Report. This
recommendation is based on findings that Plaintiff is subject to filing restrictions under the “three
strikes” provision of § 1915(g).
Plaintiff, who appears pro se, has not filed a timely objection or requested additional time
to object. Thus, the Court finds that Plaintiff has waived further review of the issues addressed by
Judge Goodwin in his Report. See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991); see
also United States v. 2121 East 30th Street, 73 F.3d 1057, 1060 (10th Cir. 1996).
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 8] is
ADOPTED in its entirety. Plaintiff’s Application for Leave to Proceed In Forma Pauperis [Doc.
No. 2] is DENIED. Plaintiff shall pay the $400.00 filing fee for this action within 21 days from the

date of this Order. Failure to make full payment to the Clerk of Court by that date, or to show cause
for a failure to do so, will result in the dismissal of this action without prejudice to refiling.
IT IS SO ORDERED this 14th day of May, 2015.

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