Absher v. Allbaugh

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION 7 of Magistrate Judge Shon T. Erwin...petitioner shall pay the $5 filing fee within 20 days from the date of this order or his petition will be dismissed without prejudice; in light of that time period, petitioner's motion for an extension of time 8 is stricken as moot. Signed by Honorable Joe Heaton on 5/10/2019. (cla)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ERIC ABSHER,
Petitioner,
vs.
JOE ALLBAUGH,
Respondent.

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NO. CIV-19-0354-HE

ORDER
Petitioner Eric Absher, a state prisoner appearing pro se, filed a § 2254 habeas
petition alleging ineffective assistance of trial and appellate counsel, that the trial court
lacked jurisdiction to hear the case, and cumulative error. Pursuant to 28 U.S.C. §
636(b)(1)(B) and (C), the case was referred to Magistrate Judge Shon T. Erwin for initial
proceedings. Petitioner has filed a motion to proceed in forma pauperis, and Judge Erwin
has issued a Report and Recommendation recommending that the motion be denied and
the petition be dismissed unless petitioner pays the $5 filing fee.
Petitioner has filed a motion seeking extra time to complete payment of this fee
which the court also considers an objection to the Report. Because petitioner does not
challenge the conclusion that he does not qualify for IFP status, the Report [Doc. # 7] is
ADOPTED. Petitioner shall pay the $5 filing fee within twenty (20) days from the date
of this order or his petition will be dismissed without prejudice. In light of that time period,
petitioner’s Motion for an Extension of Time [Doc. #8] is STRICKEN as moot.

IT IS SO ORDERED.
Dated this 10th day of May, 2019.

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