Duvall v. Oklahoma State Board of Osteopathic Examiners et al

Filing 8

ORDER ADOPTING 6 Report and Recommendation; DENYING 2 Motion for Leave to Proceed in forma pauperis filed by John C Duvall, in light of pymt of the filing fee. This matter is RE-REFERRED to Magistrate Judge Charles B Goodwin for all proceedings consistent with the original referral. Signed by Honorable Stephen P. Friot on 4/14/2017. (llg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ) ) ) Plaintiff, ) ) -vs) ) OKLAHOMA STATE BOARD OF OSTEOPATHIC EXAMINERS, et al., ) ) ) Defendants. JOHN C. DUVALL, Case No. CIV-17-247-F ORDER Magistrate Judge Charles B. Goodwin issued a Report and Recommendation in this matter on April 4, 2017. Doc. no. 6. The Report recommends: 1) denial of plaintiff’s application for leave to proceed in forma pauperis; 2) an order requiring plaintiff to pay the $400 filing fee; and 3) dismissal of this action if, within twentyone days of any order adopting the Report, plaintiff fails to pay the filing fee or show good cause for the failure to do so. Plaintiff, a state prisoner proceeding pro se, has now paid the $400.00 filing fee. Doc. no. 7 (receipt). Accordingly, it is clear that plaintiff does not object to the recommendations made in the Report. The court ACCEPTS, AFFIRMS and ADOPTS the Report. As recommended in the Report, and in light of plaintiff’s payment of the filing fee, plaintiff’s application to proceed in forma pauperis is DENIED. Doc. no. 2. Payment of the filing fee renders the Report’s other recommendations MOOT. This matter is re-referred to the magistrate judge for all proceedings consistent with the original referral. Dated this 14th day of April, 2017. 17-0247p002 2

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