Montgomery v. Hardy et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION 13 and dismissing this action without prejudice to refiling based upon plaintiff's failure to pay the initial partial filing fee or show good cause for the failure to do so. Signed by Honorable Vicki Miles-LaGrange on 9/15/2015. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
THOMAS R. MONTGOMERY,
Plaintiff,
vs.
WINDLE HARDY,
Grady County Commissioner, et al.,
Defendants.

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Case No. CIV-15-294-M

ORDER
On August 17, 2015, United States Magistrate Judge Charles B. Goodwin issued a Report
and Recommendation in this action. The Magistrate Judge recommended that this action be
dismissed without prejudice to refiling based upon plaintiff’s failure to pay the initial partial filing
fee or show good cause for the failure to do so. Plaintiff was advised of his right to object to the
Report and Recommendation by September 7, 2015. A review of the file reveals no objection has
been filed.
Upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 13] issued by the Magistrate
Judge on August 17, 2015, and

(2)

DISMISSES this action without prejudice to refiling based upon plaintiff’s failure
to pay the initial partial filing fee or show good cause for the failure to do so.

IT IS SO ORDERED this 15th day of September, 2015.