Stryker v. Bear

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION 6 ; Denies Stryker's Application for Leave to Proceed in Forma Pauperis 5 ; RE-REFERS CASE to Magistrate Judge Charles B Goodwin for further proceedings. Signed by Honorable Lee R. West on 8/9/2017. (kb)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF OKLAHOMA
TERRY J. STRYKER,
Petitioner,
No. CIV-17-695-W

vs.

WARDEN BEAR,
Defendant.
ORDER

On July 27, 2017, United States Magistrate Judge Charles B. Goodwin issued a
Report and Recommendation in this matter and recommended that the Court deny the
Application for Leave to Proceed in Forma Pauperis filed by petitioner Terry J. Stryker, a

state prisoner proceeding pro se. Magistrate Judge Goodwin further recommended that
the Court order Stryker to pay the filing fee of $5.00 in full or to show good cause for his
failure to do so. Although Magistrate Judge Goodwin advised Stryker of his rightto object
to the Report and Recommendation, see Doc. 6 at 2, Stryker has instead, as the record
reflects, paid the filing fee. See Doc. 7.

Upon review, the Court concurs with Magistrate Judge Goodwin's findings that
Stryker has sufficient funds in his institutional savings account to prepay the filing fee, see
Doc. 5-1, and that he is therefore not entitled to litigate this matter without prepayment of
the filing fee in full.
Accordingly, the Court

(1) ADOPTS the Report and Recommendation [Doc. 6] filed on July 27, 2017;

(2) DENIES Stryker's Application for Leave to Proceed in Forma Pauperis [Doc. 5]
file-stamped June 23, 2017; and

(3) RE-REFERS this matter to Magistrate Judge Goodwin for further proceedings.
ENTERED this

day of August, 2017.
V

LEE R. WEST
UNITED STATES DISTRICT JUDGE