Kirtman v. Grismer et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION 6 of Magistrate Judge Gary Purcell and the court dismisses this action without prejudice. Signed by Honorable Joe Heaton on 06/15/2016. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DERRICK EUGENE KIRTMAN,

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Plaintiff,
vs.
MARGARET GRISMER, et al.,
Defendants.

NO. CIV-16-0386-HE

ORDER
Plaintiff Derrick Eugene Kirtman, a state prisoner appearing pro se, filed his § 1983
complaint. Consistent with 28 U.S.C. § 636(b)(1)(B), the matter was referred for initial
proceedings to Magistrate Judge Gary M. Purcell. He has recommended that the action be
dismissed without prejudice due to plaintiff’s failure to comply with his order to either
submit an application seeking leave to proceed in forma pauperis (“ifp”) or pay the required
filing fee by May 9, 2016. The magistrate judge advised plaintiff that failure to comply with
the order could result in the dismissal without prejudice of the action.
Plaintiff did not object to the magistrate judge’s Report and Recommendation and
thereby waived his right to appellate review of the factual and legal issues it addressed.
Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010); see 28 U.S.C. §636(b)(1)(C).
Accordingly, the court ADOPTS Magistrate Judge Purcell’s Report and Recommendation
and dismisses this action without prejudice.

IT IS SO ORDERED.
Dated this 15th day of June, 2016.

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