Baca v. United States of America

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION for 6 Report and Recommendation. The motion for leave to proceed in forma pauperis is DENIED and Petitioner is directed to pay the $5.00 filing fee within twenty (20) days from the date of this Order or this matter will be dismissed without prejudice. Signed by Honorable David L. Russell on 1/27/16. (jw)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA SOLOMON NESTOR BACA, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Case No. CIV-15-1335-R ORDER Before the Court is the Report and Recommendation of United States Magistrate Judge Shon T. Erwin entered January 8, 2016 [Doc. No. 6]. In the Report and Recommendation, Judge Erwin recommended that Petitioner’s motion for leave to proceed in forma pauperis be denied in light of Petitioner's financial resources and that this matter be dismissed without prejudice to refiling unless Petitioner pays the $5.00 filing fee within twenty (20) days from any order adopting the Report and Recommendation. The Court finds that the Report and Recommendation is ADOPTED in its entirety, the motion for leave to proceed in forma pauperis is DENIED and Petitioner is directed to pay the $5.00 filing fee within twenty (20) days from the date of this Order or this matter will be dismissed without prejudice. IT IS SO ORDERED this 27th day of January, 2016.

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