Porter v. Burk et al

Filing 7

ORDER ADOPTING 6 Report and Recommendation, DENYING 2 Motion for Leave to Proceed in forma pauperis filed by Jordan Michael Porter. Plf shall pay the full $400.00 filing fee to the clerk of the court within 21 days of the date of this order. Plf's failure to timely pay the filing fee or to show good cause for not doing so shall result in the dismissal of this action w/o prejudice to refiling. Signed by Honorable Stephen P. Friot on 1/26/2017. (llg)

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

JORDAN MICHAEL PORTER,
Plaintiff,
-vsLIEUTENANT BURK, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. CIV-16-1244-F

ORDER
United States Magistrate Judge Charles B. Goodwin issued a Report and
Recommendation, recommending that the court (1) deny plaintiff’s application for
leave to proceed in forma pauperis; (2) order plaintiff to pay the full $400.00 filing
fee within 21 days of any order adopting the Report and Recommendation; and (3)
dismiss the action without prejudice to refiling if plaintiff fails to timely pay the
filing fee to the clerk of the court, or to show good cause for the failure to do so.
Magistrate Judge Goodwin advised plaintiff of his right to file an objection to the
Report and Recommendation by January 12, 2017 and further advised that failure
to timely object to the Report and Recommendation waives the right to appellate
review of both factual and legal issues therein contained.
Plaintiff has neither filed an objection to the Report and Recommendation
nor sought an extension of time to file one. With no objection being filed by
plaintiff within the time prescribed, the court accepts, adopts and affirms the
Report and Recommendation in its entirety.

Accordingly, the Report and Recommendation (doc. no. 6) issued by United
States Magistrate Judge Charles B. Goodwin on December 22, 2016 is
ACCEPTED, ADOPTED and AFFIRMED. The court ORDERS as follows:
(1) Plaintiff’s Application for Leave to Proceed In Forma Pauperis (doc. no.
2), filed October 31, 2016, is DENIED;
(2) Plaintiff shall pay the full $400.00 filing fee to the clerk of the court
within 21 days of the date of this order; and
(3) Plaintiff’s failure to timely pay the filing fee or to show good cause for
not doing so shall result in the dismissal of this action without prejudice to refiling.
DATED this 26th day of January, 2017.

16-1244p001.docx

2