Haley v. Allbaugh

Filing 7

ORDER adopting Report and Recommendations re 5 Report and Recommendation.; denying 2 Motion for Leave to Proceed in forma pauperis. Signed by Honorable Timothy D. DeGiusti on 5/19/2016. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CHARLES HERBERT HALEY,
Petitioner,
vs.
JOE ALLBAUGH,
Respondent.

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Case No. CIV-16-331-D

ORDER
Petitioner, a state prisoner appearing pro se, filed a Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2254, alleging ineffective assistance of counsel [Doc.
No. 1]. As part of his petition, Petitioner filed an Application for Leave to Proceed In
Forma Pauperis [Doc. No. 2]. The matter was referred to United States Magistrate
Judge Shon T. Erwin for initial proceedings pursuant to 28 U.S.C. § 636(b)(1)(B).
Upon review of the application, the Magistrate Judge filed his Report and
Recommendation wherein he determined Petitioner had sufficient funds to prepay the
$5.00 filing fee and recommended that the application be denied [Doc. No. 5].
In his Report and Recommendation, the Magistrate Judge advised Petitioner of
the right to file objections to the same and directed him to file any objections no later
than May 5, 2016. The Magistrate Judge further admonished Petitioner 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, Petitioner has not filed an objection or sought an
extension of time in which to do so. Accordingly, the Report and Recommendation
[Doc. No. 5] is ADOPTED as though fully set forth herein. If the fee is not paid
within twenty (20) days of this Order, the action will be dismissed without prejudice
and without further notice to Petitioner.
IT IS SO ORDERED this 19th day of May, 2016.

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