Worcester v. Oklahoma State of

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION The action is DISMISSED without prejudice to refiling. A separate Judgment shall be entered accordingly. Signed by Chief Judge Timothy D. DeGiusti on 3/11/2025. (jee)

Case 5:25-cv-00066-D

Document 6

Filed 03/11/25

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
HOKTE WORCESTER,

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Petitioner,
v.
STATE OF OKLAHOMA.,
Respondent.

Case No. CIV-25-66-D

ORDER
Before the Court is United States Magistrate Judge Amanda Maxfield Green’s
Report and Recommendation [Doc. No. 5] filed pursuant to 28 U.S.C. § 636(b)(1)(B)-(C).
Judge Green recommends dismissing the action without prejudice because Petitioner failed
to pay the filing fee or file an application to proceed in forma pauperis.
The case file shows no timely objection to the Report nor request for an extension
of time, even though Petitioner was expressly informed of her right to object, the deadline
for doing so, and the firm waiver rule. See Moore v. United States, 950 F.2d 656, 659 (10th
Cir. 1991). Therefore, the Court finds that Petitioner has waived further review of all issues
addressed in the Report. See id.; see also United States v. 2121 East 30th Street, 73 F.3d
1057, 1060 (10th Cir. 1996).
Further, as explained by Judge Green, the Court finds that the action should be
dismissed for the failure to pay the filing fee or file an application to proceed in forma
pauperis.

Case 5:25-cv-00066-D

Document 6

Filed 03/11/25

Page 2 of 2

IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No.
5] is ADOPTED in its entirety. The action is DISMISSED without prejudice to refiling.
A separate Judgment shall be entered accordingly.
IT IS SO ORDERED this 11th day of March 2025.

TIMOTHY D. DeGIUSTI
Chief United States District Judge