Strange v. Troutt et al
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,
DR. JEFFREY TROUTT, et al.,
Case No. CIV-17-230-D
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
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]
IT IS SO ORDERED this 7th day of June, 2017.
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