Latsos v. Rivers et al
ORDER denying as moot 2 Motion for Leave to Proceed in forma pauperis; adopting Report and Recommendations re 6 Report and Recommendation. This matter is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Scott L. Palk on 7/15/2021. (md)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
KALLUM ISAIAH EUGENE
DAYLON RIVERS, et al.,
Case No. CIV-21-435-SLP
Before the Court is the Report and Recommendation of United States Magistrate
Judge Shon T. Erwin entered June 15, 2021 [Doc. No. 6]. Judge Erwin recommends
dismissal of this action without prejudice because Plaintiff failed to comply with an order
directing Plaintiff to cure deficiencies with Plaintiff’s in forma pauperis motion, which was
missing a certified copy of Plaintiff’s trust fund account statement. See Order Pl. Cure
Deficiencies [Doc. No. 5].
The Court observes that in Plaintiff’s motion to proceed in forma pauperis, Plaintiff
stated that he was having difficulties obtaining this account statement. See Appl. Leave
Proceed In Forma Pauperis [Doc. No. 2], at 3-4. However, Plaintiff never responded to
Judge Erwin’s Order to Plaintiff to Cure Deficiencies [Doc. No. 5]. And in his Report and
Recommendation, Judge Erwin advised Plaintiff of his right to file an objection by July 2,
2021. Plaintiff never filed an objection to the Report and Recommendation nor sought an
extension of time in which to object.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 6]
is ADOPTED in its entirety and this matter is DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the Application for Leave to Proceed In Forma
Pauperis [Doc. No. 2] is DENIED AS MOOT.
IT IS SO ORDERED this 15th day of July, 2021.
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