Hampton v. Fagan et al
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)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
LUCIUS GILBERT HAMPTON, JR.,
RICK FAGAN, et al.,
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
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.
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