Chen v. Federal Bureau of Prisons et al

Filing 6

ORDER adopting Report and Recommendations re 5 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 2/25/2016. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JOHN CHEN,
Plaintiff,
v.
FEDERAL BUREAU OF PRISONS,
et al.,
Defendants.

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Case No. CIV-15-1246-D

ORDER
This matter is before the Court for review of the Report and Recommendation issued
by United States Magistrate Judge Charles B. Goodwin pursuant to 28 U.S.C. § 636(b).
Judge Goodwin recommends a dismissal of this action without prejudice due to Plaintiff’s
failure to prosecute his case. Judge Goodwin finds that Plaintiff has failed to comply with
the Order of November 18, 2015 [Doc. No. 4], directing him to file a proper form of
complaint and either pay the filing fee or submit an application to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915, and has failed to take any further steps to proceed in this case.
Plaintiff has neither filed a timely objection to the Report nor requested additional
time to object, although he was advised of his rights and given notice of the waiver rule.
Under the circumstances shown by the case record, the Court finds that Plaintiff has waived
further judicial review. See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991); see
also United States v. 2121 East 30th Street, 73 F.3d 1057, 1060 (10th Cir. 1996).

IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 5]
is ADOPTED in its entirety. This action is DISMISSED without prejudice to refiling and
without the imposition of fees or costs. A separate judgment of dismissal shall be entered.
IT IS SO ORDERED this 25th day of February, 2016.

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