Bateholts v. Attorney General of the State of Oklahoma

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION ~ The Court ADOPTS the Report and Recommendation #5 and DENIES Petitioner's application to proceed in forma pauperis #2 . As Petitioner has now paid the filing fee, the Court RE-REFERS this matter to Judge Green for further proceedings consistent with the initial case referral. Signed by Judge Bernard M. Jones on 11/25/2024. (dwl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
CHARLES ALLEN BATEHOLTS,
Petitioner,
v.
ATTORNEY GENERAL OF THE STATE
OF OKLAHOMA,
Respondent.

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Case No. CIV-24-1099-J

ORDER
Petitioner, a state prisoner appearing pro se, initiated this habeas corpus action under 28
U.S.C. § 2254 on October 21, 2024. [Doc. No. 1]. On the same day, he moved to proceed in forma
pauperis. [Doc. No. 2]. The matter was referred to United States Magistrate Judge Amanda
Maxfield Green for initial proceedings consistent with 28 U.S.C. § 636. [Doc. No. 4].
On October 24, 2024, Judge Green issued a Report and Recommendation, finding that
Petitioner had sufficient funds to pay the $5.00 filing fee, recommending denial of his application
to proceed in forma pauperis, and recommending that he be required to pay the full filing fee for
the action to proceed. [Doc. No. 5]. On November 25, 2024, Petitioner paid the $5.00 filing fee.
[Doc. No. 8].
Accordingly, the Court ADOPTS the Report and Recommendation [Doc. No. 5] and
DENIES Petitioner’s application to proceed in forma pauperis [Doc. No. 2]. As Petitioner has now
paid the filing fee, the Court RE-REFERS this matter to Judge Green for further proceedings
consistent with the initial case referral.
IT IS SO ORDERED this 25th day of November, 2024.

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