Boarts v. Oklahoma State of

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION 9 and dismissing this action without prejudice to refiling. Signed by Honorable Vicki Miles-LaGrange on 2/7/2018. (ks)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
BENJAMIN LUKE BOARTS,
Petitioner,
v.
STATE OF OKLAHOMA,
Respondent.

)
)
)
) Case No. CIV-17-1039-M
)
)
)
)
ORDER

On November 28, 2017, United Magistrate Judge Shon T. Erwin issued a
Report and Recommendation in this action in which Petitioner filed a Petition for
Writ of Habeas Corpus. After Petitioner failed to pay the $5.00 filing fee or be
granted leave to proceed without prepayment of fees or cure the deficiency, the
Magistrate Judge recommended this action be dismissed without prejudice for
failure to comply with the Court’s orders. Plaintiff was advised of his right to object
to the Report and Recommendation. On December 7, 2017, Plaintiff submitted a
Motion for Leave to Proceed on Appeal Without Prepayment of Costs or Fees
(Prisoner Form) [Docket 11]. The Court finds this is not considered a timely
objection to the Report and Recommendation.
Accordingly, upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [Docket no. 9] issued by
the Magistrate Judge on November 28, 2017; and

(2)

DISMISSES this action without prejudice to refiling.

IT IS SO ORDERED this 7th day of February, 2018.