Lucky v. McCollum

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION 5 , denying 2 Motion for Leave to Proceed in forma pauperis, and recommitting this action to the Magistrate Judge for further proceedings. Signed by Honorable Vicki Miles-LaGrange on 15cv1033. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
BOBBY EUGENE LUCKY,
Petitioner,
v.
TRACY MCCULLUM, Warden,
Respondent.

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Case No. CIV-15-1033-M

ORDER
On September 22, 2015, United States Magistrate Judge Shon T. Erwin issued a Report
and Recommendation in this action brought pursuant to 28 U.S.C. § 2254. The Magistrate Judge
recommended that petitioner’s Application to Proceed in District Court Without Repaying Fees
and Costs [docket no. 2] be denied and that petitioner be ordered to prepay the full $5.00 filing
fee for this action to proceed. Petitioner was advised of his right to object by October 9, 2015.
On October 2, 2015, petitioner paid the $5.00 filing fee.
Upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 5] issued by the
Magistrate Judge on September 22, 2015;

(2)

DENIES plaintiff’s Application to Proceed in District Court Without Repaying
Fees and Costs [docket no. 2]; and

(3)

RECOMMITS this action to the Magistrate Judge for further proceedings.

IT IS SO ORDERED this 30th day of October, 2015.