Davis v. GEO Corrections et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION 7 and denies plaintiff's motion to proceed ifp 2 ; plaintiff to pay the full $400 filing fee by 01/08/2018 or this action will be dismissed without prejudice. Signed by Honorable Joe Heaton on 12/18/2017. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
EZEKIEL DAVIS,
Plaintiff,
vs.
GEO CORRECTIONS, et al.,
Defendants.

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NO. CIV-17-0903-HE

ORDER
Plaintiff Ezekiel Davis, a state prisoner appearing pro se, filed this § 1983 action
alleging violations of his constitutional rights. Pursuant to 28 U.S.C. §636(b)(1)(B), (C),
the matter was referred to Magistrate Judge Suzanne Mitchell for initial proceedings.
Plaintiff has filed a motion seeking leave to proceeding in forma pauperis (“ifp”) and the
magistrate judge recommends that the motion be denied and the action be dismissed
without prejudice unless plaintiff pays the full $400 filing fee within twenty-one days from
the date of any order adopting the Report and Recommendation (“Report”).
In her Report the magistrate judge notes that, because plaintiff has accumulated
three strikes, he is not allow to proceed ifp unless he demonstrates that he is in imminent
danger of serious physical harm. She recommends that plaintiff’s request for ifp status be
denied based on her conclusion that plaintiff failed to plausibly allege that he was under
any imminent danger of serious bodily injury at the time he filed this action,
Plaintiff failed to object to the Report and Recommendation and 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); see 28 U.S.C. §636(b)(1)(C).

Accordingly, the court ADOPTS Magistrate Judge Mitchell’s Report and
Recommendation and DENIES plaintiff’s motion to proceed ifp [Doc. #2]. Unless
plaintiff pay the full $400 filing fee by January 8, 2018, this action will be dismissed
without prejudice.
IT IS SO ORDERED.
Dated this 18th day of December, 2017.

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