Allen v. State of Oklahoma

Filing 8

ORDER ADOPTING 7 Report and Recommendation, DENYING 5 Motion for Leave to Proceed in forma pauperis filed by Jeremiah Tobiah Allen, Sr, DISMISSING action without prejudice. Signed by Honorable Stephen P. Friot on 10/11/2017. (llg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JEREMIAH TOBIAH ALLEN, Plaintiff, -vsSTATE OF OKLAHOMA, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. CIV-17-638-F ORDER On September 5, 2017, United States Magistrate Judge Charles B. Goodwin issued a Report and Recommendation, recommending that plaintiff’s application to proceed in forma pauperis be denied and plaintiff’s action be dismissed without prejudice because he has failed to prosecute his case in accordance with the court’s orders and procedural rules. Magistrate Judge Goodwin advised plaintiff of his right to file an objection to the Report and Recommendation by September 26, 2017 and specifically advised him that failure to timely object to the Report and Recommendation waives the right to appellate review of both factual and legal issues therein contained. To date, plaintiff has not filed an objection to the Report and Recommendation. With no objection filed within the time prescribed, the court ACCEPTS, ADOPTS and AFFIRMS the Report and Recommendation in its entirety. Accordingly, the Report and Recommendation issued by United States Magistrate Judge Charles B. Goodwin on September 5, 2017 (doc. no. 7) is ACCEPTED, ADOPTED and AFFIRMED. Plaintiff’s Application for Leave to Proceed In Forma Pauperis (doc. no. 5) is DENIED. The above-entitled action is DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED this 11th day of October, 2017. 17-0638p001.docx 2

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