Akothe v. Bear

Filing 7

ORDER adopting 5 Report and Recommendation.; denying 2 Motion for Leave to Proceed in forma pauperis. Petitioner shall pay the $5.00 filing fee, or show cause for nonpayment, within 21 days from the date of this Order. Signed by Honorable Timothy D. DeGiusti on 7/26/17. (ml)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MARIO AKOTHE,

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Petitioner,
v.
WARDEN BEAR,
Respondent.

Case No. CIV-17-693-D

ORDER
This matter is before the Court for review of the Report and Recommendation [Doc.
No. 5] issued by United States Magistrate Judge Gary M. Purcell, recommending the denial
of Petitioner’s motion for leave to proceed in forma pauperis (IFP) because he has
sufficient financial resources to pay the $5.00 filing fee, and dismissal of the action if
Petitioner fails to pay the filing fee by July 17, 2017. Petitioner has neither made a timely
written objection nor paid the filing fee, but he has inquired of the Clerk regarding the
status of his case [Doc. No. 6].
Upon consideration, the Court finds that Petitioner has waived further review of the
issues addressed in the Report and that his IFP motion should be denied. See Moore v.
United States, 950 F.2d 656, 659 (10th Cir. 1991); see also United States v. 2121 E.t 30th
St., 73 F.3d 1057, 1060 (10th Cir. 1996). The Court further finds that Petitioner should be
granted additional time to pay the filing fee.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 5]
is ADOPTED, and Petitioner’s IFP Motion [Doc. No. 2] is DENIED.

IT IS FURTHER ORDERED that Petitioner shall pay the $5.00 filing fee, or show
cause for nonpayment, within 21 days from the date of this Order. Failure to comply with
this Order will result in the dismissal without prejudice of this action.
IT IS SO ORDERED this 26th day of July, 2017.