Lesley v. Prater

Filing 7

ORDER ADOPTING #5 REPORT AND RECOMMENDATION. The Report and Recommendation (Doc. No. #5 ) is ADOPTED, and Plaintiff's application (Doc. No. #2 ) is DENIED. This matter is re-referred to Judge Erwin for further proceedings consistent with the initial case referral. Signed by Honorable Charles Goodwin on 04/27/2021. (jb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JAMES PATRICK LESLEY, Plaintiff, v. DAVID PRATER, District Attorney of Oklahoma County, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. CIV-21-231-G ORDER This matter is before the Court for review of the Report and Recommendation issued by United States Magistrate Judge Shon T. Erwin on March 29, 2021. Judge Erwin recommends that Plaintiff’s application for leave to proceed in forma pauperis be denied because Plaintiff has sufficient funds to pay the $402.00 filing fee. Within the time period for a written objection, Plaintiff has paid the required $402.00 fee. See Doc. No. 6. Accordingly, the Court finds that Plaintiff’s application to proceed in forma pauperis is moot. IT IS THEREFORE ORDERED that the Report and Recommendation (Doc. No. 5) is ADOPTED, and Plaintiff’s application (Doc. No. 2) is DENIED. IT IS FURTHER ORDERED that this matter is re-referred to Judge Erwin for further proceedings consistent with the initial case referral. IT IS SO ORDERED this 27th day of April, 2021. 2

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