Priestly v. Department of the Treasury et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION #5 of Magistrate Judge Suzanne Mitchell. The court ADOPTS the Report and Recommendation #5 and DENIES plaintiffs application for leave to proceed in forma pauperis #2 , and ORDERS plaintiff to pay the full $405 filing fee within twenty-one (21) days of the date of this Order. Plaintiff is advised that if he does not pay the full $405 filing fee within twenty-one (21) days of the date of this Order, this action will be dismissed without prejudice. Signed by Judge Joe Heaton on 11/26/2024. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JOHN PRIESTLY, JR.,
Plaintiff,
vs.
DEPARTMENT OF THE
TREASURY, et al.,
Defendants.

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NO. CIV-24-1032-HE

ORDER
Plaintiff John Priestly, Jr. brought this action regarding “bank fraud & federal
taxes,” apparently related to a separate matter concerning plaintiff’s violation of a
restraining order. Pursuant to 28 U.S.C. § 636(b)(1)(B),(C), the matter was referred to
Magistrate Judge Suzanne Mitchell for initial proceedings. On October 30, 2024, Judge
Mitchell issued a Report and Recommendation recommending the denial of plaintiff’s
application to proceed in forma pauperis and the dismissal without prejudice of this action
unless plaintiff pays the full $405 filing fee within twenty-one days from the date of any
order adopting the Report and Recommendation. Plaintiff was advised of his right to object
to the Report and Recommendation by November 14, 2024. No objection has been filed.
Plaintiff has therefore waived his right to appellate review of the factual and legal issues
addressed in the report. Cassanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010).
Accordingly, the court ADOPTS the Report and Recommendation [Doc. #5],
DENIES plaintiff’s application for leave to proceed in forma pauperis [Doc. #2], and
ORDERS plaintiff to pay the full $405 filing fee within twenty-one (21) days of the date

of this Order. Plaintiff is advised that if he does not pay the full $405 filing fee within
twenty-one (21) days of the date of this Order, this action will be dismissed without
prejudice.
IT IS SO ORDERED.
Dated this 26th day of November, 2024.

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