Borrero v. Federal Bureau of Prisons

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION 7 of Magistrate Judge Gary Purcell plaintiff's motion for leave for ifp 2 is denied...this action will be dismissed without prejudice unless plaintiff pays the full $400. filing fee within 20 days from the date of this order. Signed by Honorable Joe Heaton on 01/18/2018. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
LAZARO D. BORRERO,
Plaintiff,
vs.
FEDERAL BUREAU OF PRISONS,
Defendant.

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NO. CIV-17-1185-HE

ORDER
Plaintiff, a federal prisoner appearing pro se, brought this action pursuant to Bivens
v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971).
Plaintiff filed this action on a 28 U.S.C. § 2241 form, but seeks relief under Bivens.
Pursuant to 28 U.S.C. § 636(b)(1)(B), the matter was referred to Magistrate Judge Gary M.
Purcell for initial proceedings. Because plaintiff is subject to the provisions of 28 U.S.C.
§ 1915(g) for repeated filings of civil actions that have been dismissed as frivolous or for
failure to state a claim for relief, Judge Purcell has issued a Report and Recommendation
(the “Report”) recommending that plaintiff’s application to proceed in forma pauperis be
denied and that the case be dismissed without prejudice unless plaintiff pays the full filing
fee within twenty days of the adoption of the Report.
Plaintiff has failed to object to the Report, thereby waiving his right to appellate
review of the factual and legal issues it addresses. 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. #7].
Plaintiff’s Motion for Leave In Forma Pauperis [Doc. #2] is DENIED. This action will
be dismissed without prejudice unless plaintiff pays the full $400.00 filing fee within
twenty (20) days of the date of this Order.
IT IS SO ORDERED.
Dated this 18th day of January, 2018.

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