Vater v. Attorney General of the State of Nebraska

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION for 9 Report and Recommendation, denying 2 Motion for Leave to Proceed in forma pauperis filed by Jeremy Lynn Vater. Payment of $5 due on or before 11/4/15. Signed by Honorable Lee R. West on 10/15/15. (kw)

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

JEREMY LYNN VATER,

Petitioner,

)
VS.

)

NO.C1V-15-874-W

ATTORNEY GENERAL OF THE

STATE of NEBRASKA,

Respondent.
ORDER

On September 15, 2015, United States Magistrate Judge Shon T. Erwin issued a
Report and Recommendation in this matter and recommended that the Court dismiss this

action without prejudice If petitioner Jeremy Lynn Vater did not pay the filing fee in full to
the Clerk of the Court by a certain date. Vater was advised of his right to object to the

Report and Recommendation, s^ Doc. 9 at 2,^ but no objections have been filed within
the allotted time.

Upon review of the record, the Court concurs with Magistrate Judge Erwin's finding

that Vater has sufficient funds to prepay the filing fee of $5.00 and his suggestions that

Vater's request to proceed in forma pauperls be denied and that Vater be ordered to
prepay the filing fee in full for this action to proceed.

^The Clerk ofthe Court mailed a copy of the Report and Recommendation to Vater's thencurrent address. The United States Postal Service returned the document. See Doc. 11. By then,
Vater had provided the Court with his new address, see Doc. 10, and on September 23, 2015, a

copy of the Report and Recommendation was again mailed to Vater, this time to Lexington
Assessment and Reception Center.

Accordingly, the Court

(1) ADOPTS the Report and Recommendation [Doc. 9] issued on September 15,
2015;

(2) DENIES Vater's Application forLeaveto Proceed in Forma Pauperis [Doc. 2]filestamped August 12, 2015;

(3) ORDERS Vater to pay the filing fee of $5.00 in full to the Clerk of the Court on
or before November 4, 2015, or by that same date show good cause for his failure to do;
and

(4) ADVISES Vater that his failure to either pay the filing fee or show good cause

in accordance with, and as required by, this Order, shall result in dismissal of this action
without prejudice.

ENTERED this _/^ day of October, 2015.

R. WB

IITED STATES DISTRICT JUDGE