Johnson v. United States of America et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION 4 , Dismissing 1 petitioner's Writ of Mandamus without prejudice for failure to pay the required filing fee for this action. Signed by Honorable Vicki Miles-LaGrange on 4/5/2017. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
R. WAYNE JOHNSON,
Petitioner,
v.
UNITED STATES OF AMERICA,
MARY FALLIN, Governor of State of
Oklahoma, UNITED STATES POST
OFFICE; DOES 1-10,
Respondents.

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Case No. CIV-16-947-M

ORDER
On September 12, 2016, United States Magistrate Judge Suzanne Mitchell issued a Report
and Recommendation in this action, seeking a Writ of Mandamus. The Magistrate Judge
recommended this action be dismissed without prejudice because petitioner failed to prepay the
filing fee. Petitioner was advised of his right to object to the Report and Recommendation by
October 3, 2016. On September 29, 2016, petitioner filed his objection. 1
Upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 4] issued by the Magistrate
Judge on September 12, 2016; and

(2)

DISMISSES petitioner’s Writ of Mandamus [docket no. 1] without prejudice for
failure to pay the required filing fee for this action.

IT IS SO ORDERED this 5th day of April, 2017.

1

In his objection, petitioner fails to address the Magistrate Judge’s recommendation and
proceeds to argue the merits of his case.