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)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ROBERT JOE STRANGE, Plaintiff, v. DR. JEFFREY TROUTT, et al., Defendants. ) ) ) ) ) ) ) ) ) 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). 1 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. 2

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