Mayfield v. Allbaugh

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION 8 Report and Recommendation of Magistrate Judge Shon T. Erwin...petitioner's motion for leave to proceed in forma pauperis 3 is denied because the filing fee has been paid; this case is REFERRED to Magistrate Judge Erwin for further proceedings as appropriate. Signed by Honorable Joe Heaton on 06/20/2016. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CODY WAYNE MAYFIELD,
Petitioner,
vs.
JOE ALLBAUGH, Director,
Respondent.

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NO. CIV-16-0557-HE

ORDER
Petitioner, a state prisoner appearing pro se, brought this action pursuant to 28 U.S.C.
§ 2254, challenging his convictions in state court. He also filed an application to proceed in
forma pruperis. Consistent with 28 U.S.C. § 636(b)(1)(B), this matter was referred for initial
proceedings to Magistrate Judge Shon T. Erwin, who recommends the application for leave
to proceed in forma pauperis be denied and the case be dismissed unless plaintiff pays the
full filing fee. Objections to the Report and Recommendation were due by June 13, 2016.
Doc. No. 3, at 2.
Petitioner has not objected to the Report and Recommendation, and has therefore
waived any right to appellate review of the factual and legal issues it addressed. United States
v. One Parcel of Real Property, 73 F.3d 1057, 1059–60 (10th Cir. 1996); see 28 U.S.C. §
636(b)(1)(C). In addition, petitioner has now paid the filing fee in this case. [Doc. No. 9].
Accordingly, the Report and Recommendation [Doc. No. 8] is ADOPTED. Petitioner’s
Application for Leave to Proceed In Forma Pauperis [Doc. No. 3] is DENIED. Because the
filing fee has now been paid, this case is referred to Judge Erwin for further proceedings as

appropriate.
IT IS SO ORDERED.
Dated this 20th day of June, 2016.

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