Martin v. Bear

Filing 8

ORDER adopting Report and Recommendations re 6 Report and Recommendation.; denying as moot 2 Motion for Leave to Proceed in forma pauperis. Case re-referred to Magistrate Jones for further proceedings. Signed by Honorable Timothy D. DeGiusti on 11/10/2016. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DENNIS MARTIN,
Petitioner,
v.
CARL BEAR, Warden,
Respondent.

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Case No. CIV-16-1170-D

ORDER
This matter is before the Court for review of the Report and Recommendation [Doc.
No. 6] issued by United States Magistrate Judge Bernard M. Jones on October 11, 2016.
Judge Jones recommends the denial of Petitioner’s application for leave to proceed in forma
pauperis [Doc. No. 2] because Petitioner has sufficient funds to pay the $5.00 filing fee for
his Petition. Within the time period for a written objection, Petitioner has paid the required
$5.00 fee. Accordingly, the Court finds that Petitioner’s application to proceed in forma
pauperis is moot.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 6]
is ADOPTED, and Petitioner’s in forma pauperis application [Doc. No. 2] is DENIED.
IT IS FURTHER ORDERED that this matter is re-referred to Judge Jones for further
proceedings consistent with the initial case referral.
IT IS SO ORDERED this 10th day of November, 2016.