Chaney v. United Parcel Service Inc et al

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATION 3 of Magistrate Judge Bernard Jones and denies plaintiff's motion for leave to proceed in forma pauperis 2 ; plaintiff is granted until 09/20/2017 to pay the full $400.00 filing fee or this action will be dismissed without prejudice. Signed by Honorable Joe Heaton on 09/06/2017. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JAMES E. CHANEY, JR.,
Plaintiff,
vs.
UNITED PARCEL SERVICE, INC., et al.,
Defendant.

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NO. CIV-17-831-HE

ORDER
Plaintiff James E. Chaney, Jr. filed this action pro se and then filed a motion seeking
leave to proceed in forma pauperis. The motion was assigned to Magistrate Judge Bernard
Jones, who has recommended that the motion be denied because plaintiff has sufficient
funds to pay the $400.00 filing fee. The magistrate judge further recommended that, if
plaintiff does not pay the entire filing fee within twenty-one days of any order adopting the
Report and Recommendation, that the action be dismissed without prejudice pursuant to
LCvR3.3(e).
Plaintiff was advised of his right to object to the magistrate judge’s Report and
Recommendation, but did not file any response. He thereby waived his right to appellate
review of the factual and legal issues it addressed. Casanova v. Ulibarri, 595 F.3d 1120,
1123 (10th Cir. 2010).
Accordingly, the court adopts Magistrate Jones’s Report and Recommendation and
denies plaintiff’s motion for leave to proceed in forma pauperis [Doc. #2]. Plaintiff is
granted until September 20, 2017, to pay the full $400.00 filing fee or this action will be
dismissed without prejudice.

IT IS SO ORDERED.
Dated this 6th day of September, 2017.

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