Benavidez v. Federal Bureau of Prisons et al

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATION 54 of Magistrate Judge Charles Goodwin...plaintiff is ordered to pay the remaining $329.08 balance on his filing fee within 21 days of this order; failue to timely pay the balance of the filing fee will result in this action being dismissed. Signed by Honorable Joe Heaton on 01/02/2018. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CARLOS BENAVIDEZ,
Plaintiff,
vs.
U.S. FEDERAL BUREAU OF
PRISONS, et al.,
Defendants.

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NO. CIV-16-973-HE

ORDER
Plaintiff, a federal prisoner appearing pro se, filed this federal civil rights action
while in federal custody and was initially granted leave to proceed in forma pauperis.
Pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), the matter was referred to Magistrate Judge
Charles B. Goodwin for initial proceedings. After being released from custody, plaintiff
filed an updated application for leave to proceed in forma pauperis. Judge Goodwin has
issued a Report and Recommendation (the “Report”) recommending that the second
application to proceed in forma pauperis be denied, that plaintiff be ordered to pay the
remainder of his filing fee within twenty-one days of the adoption of the Report, and that
the action be dismissed if plaintiff fails to timely pay the fee.
Plaintiff has failed to object to the Report. Plaintiff thereby waives his right to
appellate review of the factual and legal issues the Report addressed. Casanova v. Ulibarri,
595 F.3d 1120, 1123 (10th Cir. 2010); see also 28 U.S.C. § 636 (b)(1)(C). The court is in
substantial agreement with the Report.

Accordingly, the court ADOPTS the Report and Recommendation [Doc. #54].
Plaintiff is order to pay the remaining $329.08 balance on his filing fee within twenty-one
(21) days of this order. Failure to timely pay the balance of the filing fee will result in this
action being dismissed.
IT IS SO ORDERED.
Dated this 2nd day of January, 2018.

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