Sosa v. Patton

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION for 5 Report and Recommendation; denies 2 Sosa's Motion for Leave to Proceed in forma pauperis; re-refers matter to Magistrate Judge Erwin for further proceedings. Signed by Honorable Lee R. West on 08/28/15. (jy)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF OKLAHOMA

NOEL MONTES SOSA,
Petitioner,
No. CIV-15-827-W

vs.

ROBERT PATTON,

Respondent.
ORDER

On July 31, 2015, United States Magistrate Judge Shon T. Erwin issued a Report
and Recommendation in this matter and recommended that the Court deny the Motion for

Leave to Proceed Without Prepayment of Costs or Fees filed by petitioner Noel Montes
Sosa. Magistrate Judge Enwin found that since Sosa had sufficient funds to prepay the
filing fee of $5.00, Sosa was not entitled to proceed without prepayment. See Doc. 2 at

12-14. Magistrate Judge Enwin further recommended that the action be dismissed without
prejudice if Sosa did not prepay the filing fee.

While Sosa had the right to object to the Report and Recommendation, see Doc.
5 at 2, he instead paid the filing fee in full. See Doc. 6.

Based upon the record, the Court agrees with Magistrate Judge Enwin's
determination that Sosa is not entitled to proceed without prepayment of the filing fee of
$5.00 and therefore,

(1) ADOPTS the Report and Recommendation [Doc. 5] issued on July 31, 2015;
(2) DENIES Sosa's Motion for Leave to Proceed Without Prepayment of Costs or

Fees [Doc. 2] file-stamped July 29, 2015; and

(3) RE-REFERS this matter to Magistrate Judge Erwin for further proceedings.
ENTERED this

day of August, 2015.

leeA. west'

UMfTED STATES DISTRICT JUDGE