Pitts v. Antonelli

Filing 9

ORDER denying 6 Motion for Leave to Proceed in forma pauperis because petitioner has sufficient financial resources to pay the filing fee, is ADOPTED. The Reports recommendation that this action be dismissed absent payment of the filing fee is als o ADOPTED re 7 Report and Recommendation. granting 8 Motion for Extension of Time to File. As requested in petitioners motion, the five dollar filing fee must be paid to the Clerk of this Court by September 25, 2017. Absent timely payment of the fee, this action will be dismissed with prejudice as recommended in the Report. Signed by Honorable Stephen P. Friot on 9/13/17. (kr)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

DELMONTE ANTWANE PITTS,
Petitioner,
-vsB.M. ANTONELLI, Warden,
Respondent.

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Case No. CIV-17-0885-F

ORDER
Any objection to the Report and Recommendation of the Magistrate Judge
(the Report, doc. no. 7) was due by September 12, 2017. Petitioner has not objected
to the Report. Nor has petitioner asked for additional time within which to object.
Upon review, the Report’s recommendation that petitioner’s motion for leave
to proceed in forma pauperis (doc. no. 6) be denied because petitioner has sufficient
financial resources to pay the filing fee, is ADOPTED.

The Report’s

recommendation that this action be dismissed absent payment of the filing fee is also
ADOPTED.
As stated, petitioner has not objected to the finding that he is able to pay the
fee and is required to do so or this case will be dismissed. Petitioner has, however,
moved for a fourteen-day extension of time within which to pay the filing fee. Doc.
no. 8. Petitioner states that he has withdrawn the filing fee from his account but that
the money has not yet cleared through the Bureau of Prison’s Trust Fund
Department. Petitioner’s motion for an extension of time within which to pay the
filing fee to the Clerk of this Court is GRANTED. As requested in petitioner’s

motion, the five dollar filing fee must be paid to the Clerk of this Court by September
25, 2017. Absent timely payment of the fee, this action will be dismissed with
prejudice as recommended in the Report.
IT IS SO ORDERED this 13th day of September, 2017.

17-0885p001.docx

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