Emrit v. Tate Music Group et al

Filing 4

ORDER denying 2 Motion for Leave to Proceed in forma pauperis; adopting 3 Report and Recommendation. Signed by Honorable Timothy D. DeGiusti on 10/29/15. (wh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA RONALD SATISH EMRIT, Plaintiff, v. TATE MUSIC GROUP, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. CIV-15-1109 ORDER Plaintiff commenced this action on October 5, 2015 and filed a motion for leave to proceed in forma pauperis [Doc. No. 2]. The matter was referred to United States Magistrate Judge Gary M. Purcell for initial proceedings in accordance with 28 U.S.C. § 636(b)(1)(B). On October 6, 2015, the Magistrate Judge filed his Report and Recommendation [Doc. No. 3] in which he recommended that the Court deny Plaintiff’s motion and dismiss his action without prejudice unless Plaintiff paid the filing fee in full by October 26, 2015. In his Report and Recommendation, the Magistrate Judge advised Plaintiff of the right to file objections and directed Plaintiff to file any objections no later than October 26, 2015. The Magistrate Judge further admonished Plaintiff that failure to timely object would constitute a waiver of the right to appellate review of the factual and legal issues addressed in the Report and Recommendation. The deadline for filing objections has expired and to date, Plaintiff has not filed an objection or sought an extension of time in which to do so. Accordingly, the Report and Recommendation [Doc. No. 3] is ADOPTED as though fully set forth herein. IT IS THEREFORE ORDERED that Plaintiff’s Motion for Leave to Proceed in forma pauperis [Doc. No. 2] is DENIED and his Complaint [Doc. No. 1] is hereby DISMISSED WITHOUT PREJUDICE, as more fully set forth in the Report and Recommendation. IT IS SO ORDERED this 29th day of October, 2015. 2

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