Strange v. Troutt et al

Filing 22

ORDER adopting in its entirety 18 Report and Recommendation. This action is DISMISSED without prejudice to refiling. A separate judgment of dismissal shall be entered.IT IS FURTHER ORDERED that 7 Motion to Appoint Counsel, 8 Motion for Order, 9 Motion for Order, 11 Motion for Order, and 12 Motion to Appoint Counsel be denied. Signed by Honorable Timothy D. DeGiusti on 6/7/17. (ml)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ROBERT JOE STRANGE,
Plaintiff,
v.
DR. JEFFREY TROUTT, et al.,
Defendants.

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Case No. CIV-17-230-D

ORDER
Before the Court is the Report and Recommendation issued by United States
Magistrate Judge Shon T. Erwin pursuant to 28 U.S.C. § 636(b)(1)(B)-(C). Judge Erwin
recommends a dismissal without prejudice of this action based on Plaintiff’s failure to pay
the initial partial filing fee of $6.83, as required by 28 U.S.C. § 1915(b)(1) and the Order
Granting Leave to Proceed In Forma Pauperis. Judge Erwin further recommends that
Plaintiff’s pending motions be denied as moot.
Plaintiff has neither filed a timely objection to the Report nor requested additional
time to object. 1 Upon consideration, the Court finds that Plaintiff has waived further
review of the issues addressed in the Report. See Moore v. United States, 950 F.2d 656,
659 (10th Cir. 1991); see also United States v. 2121 East 30th St., 73 F.3d 1057, 1060 (10th
Cir. 1996).

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After the deadline for an objection, Plaintiff filed several papers, only one of which
arguably concerns fee payment. The purpose of this filing, a “Declaration in Support of Motion
to Proceed In Forma Pauperis” [Doc. No. 20], is unclear. It does not address the initial partial
payment that was due by April 26, 2017.

IT IS THEREFORE ORDERED that the Report and Recommendation [Doc.
No. 18] is ADOPTED in its entirety. This action is DISMISSED without prejudice to
refiling. A separate judgment of dismissal shall be entered.
IT IS FURTHER ORDERED that all pending motions [Doc. Nos. 7, 8, 9, 11 & 12]
are DENIED.
IT IS SO ORDERED this 7th day of June, 2017.

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