Hampton v. Fagan et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION 12 of Magistrate Judge Shon T. Erwin...plaintiff's motion to proceed in forma pauperis 2 is denied, and this action is dismissed without prejudice. Signed by Honorable Joe Heaton on 3/8/2018. (cla)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA LUCIUS GILBERT HAMPTON, JR., Plaintiff, vs. RICK FAGAN, et al., Defendants. ) ) ) ) ) ) ) ) ) NO. CIV-17-1066-HE ORDER Plaintiff, a state pretrial detainee appearing pro se, filed this § 1983 action alleging violations of his constitutional rights. Pursuant to 29 U.S.C. § 636(b)(1)(B) and (C), the matter was referred to Magistrate Judge Shon T. Erwin for initial proceedings. Judge Erwin found that plaintiff’s In Forma Pauperis motion was incomplete and ordered plaintiff to correct the deficiencies. Judge Erwin twice extended the deadline for doing so, but plaintiff did not cure the deficiencies. Judge Erwin has since issued a Report and Recommendation (the “Report”) recommending that plaintiff’s Motion to Proceed In Forma Pauperis be denied and that this action be dismissed for failure to comply with the court’s orders. Plaintiff has not objected to the Report. Plaintiff 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 also 28 U.S.C. 636(b)(1)(C). Accordingly, the court ADOPTS the Report and Recommendation [Doc. #12]. Plaintiff’s Motion to Proceed In Forma Pauperis [Doc. #2] is DENIED, and this action is DISMISSED without prejudice. IT IS SO ORDERED. Dated this 8th day of March, 2018. 2

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