Daly v. Cole

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION. Denying #2 MOTION for Leave to Proceed in forma pauperis filed by Richard Daly. If Petitioner does not pay the $5.00 filing fee in full to the Clerk of Court within 21 days of this Order, this action may be dismissed without prejudice to refiling. IT IS FURTHER ORDERED that this action is RE-REFERRED to Magistrate Judge Amanda Maxfield Green for further proceedings consistent with the initial case referral. Signed by Chief Judge Timothy D. DeGiusti on 6/4/2024. (jee)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
RICHARD DALY,

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Petitioner,
v.
D.C. COLE,
Respondent.

Case No. CIV-24-445-D

ORDER
Upon review of the file and noting no timely objection to the findings and
recommendations of United States Magistrate Judge Amanda Maxfield Green pursuant to
28 U.S.C. § 636(b)(1), the Court adopts the Report and Recommendation [Doc. No. 6] in
its entirety.
IT IS THEREFORE ORDERED that, for the reasons stated in the Report and
Recommendation, Petitioner’s Application for Leave to Proceed In Forma Pauperis [Doc.
No. 2] is DENIED. If Petitioner does not pay the $5.00 filing fee in full to the Clerk of
Court within 21 days of this Order, this action may be dismissed without prejudice to
refiling.
IT IS FURTHER ORDERED that this action is RE-REFERRED to Magistrate
Judge Amanda Maxfield Green for further proceedings consistent with the initial case
referral [Doc. No. 5].

IT IS SO ORDERED this 4th day of June, 2024.

TIMOTHY D. DeGIUSTI
Chief United States District Judge