Strange v. Allbaugh et al

Filing 12

ORDER adopting Report and Recommendations re 11 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 6/26/2017. (mb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ROBERT JOE STRANGE, Plaintiff, v. JOE M. ALLBAUGH, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. CIV-17-274-D ORDER Before the Court is the Report and Recommendation issued by United States Magistrate Judge Bernard M. Jones pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). Judge Jones recommends a dismissal without prejudice of this action due to Plaintiff’s failure to comply with prior orders to pay the filing fee or submit a proper application for leave to proceed in forma pauperis, and Plaintiff’s failure to prosecute his case. Plaintiff has neither filed a timely objection to the Report nor requested additional time to object. 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). IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 11] is ADOPTED in its entirety. This action is DISMISSED without prejudice to the filing of a new action. A separate judgment of dismissal shall be entered. IT IS FURTHER ORDERED that Plaintiff’s Motion for Appointment of Counsel [Doc. No. 6] is DENIED as moot. IT IS SO ORDERED this 26th day of June, 2017.

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