Haynes v. Foulston et al

Filing 5

ORDER ADOPTING 4 Report and Recommendation, DENYING 2 Motion for Leave to Proceed in forma pauperis filed by Roger Lee Haynes. Absent pymt of the $400.00 filing fee to the Clerk of the Court within 20 days of this date, this action will be dismissed w/o prejudice. Signed by Honorable Stephen P. Friot on 10/27/2016. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

ROGER LEE HAYNES,
Plaintiff,
-vsNOLA FOULSTON, et al.,
Defendants.

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Case No. CIV-16-1152-F

ORDER
Magistrate Judge Shon T. Erwin has issued a Report and Recommendation
(doc. no. 4), which recommends denial of plaintiff’s motion to proceed without prepayment of fees. The Report and Recommendation also recommends that this action
be dismissed without prejudice unless the filing fee is paid in full within twenty days
of the entry of any order adopting the Report and Recommendation.
The Report and Recommendation provided notice than any objection was due
by October 24, 2016, and that failure to object waives the right to review of both the
factual and legal issues contained in the Report and Recommendation.
No objection to the Report and Recommendation has been filed, and plaintiff
has not sought an extension of time within which to object.
After review, the Report and Recommendation of the Magistrate Judge is
ADOPTED, ACCEPTED and AFFIRMED. Plaintiff’s motion to proceed without
pre-payment of fees is DENIED. Doc. no. 2. Absent payment of the $400.00 filing

fee to the Clerk of the Court within twenty days of the date of this order, this action
will be dismissed without prejudice.
DATED this 27th day of October, 2016.

16-1152p001.wpd

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