Taylor v. Prator

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION 5 and dismissing this action without prejudice to refiling. Signed by Honorable Vicki Miles-LaGrange on 10/13/2017. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TUCARA ANN TAYLOR
Petitioner,

Vs.
DAVID PRATER, District Attorney,
Respondent.

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Case No. CIV-17-871-M

ORDER
On September 14, 2017, United States Magistrate Judge Gary Purcell issued a Report and
Recommendation in this action brought seeking a writ of mandamus. The Petitioner was ordered
to cure deficiency in that she had not submitted an in forma pauperis application or paid the filing
fee. After the forms had been mailed to the Petitioner, she failed to comply with the Magistrate
Judge’s Order. The Magistrate Judge recommended the dismissal of this action under Federal
Rule of Civil Procedure 41(b), without prejudice to refiling. Petitioner was advised of her right
to object to the Report and Recommendation. A review of the file reveals no objection has been
filed.
Accordingly, upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 5] issued by the Magistrate
Judge on September 14, 2017, and

(2)

DISMISSES this action without prejudice to refiling.

IT IS SO ORDERED this 13th day of October, 2017.