Baynard v. Wall

Filing 4

ORDER adopting 3 Report and Recommendations; denying 2 Motion to Appoint Counsel. The Petitioner, on or before October 23, 2013, shall either (a) pay the $5.00 filing fee, or (b) file a motion for leave to proceed in forma pauperis; and, o n or before October 23, 2013, Petitioner shall, if he chooses to proceed with this litigation, file an amended petition that addresses the deficiencies outlined in the Report and Recommendations. Failure to make those filings shall result in the petition being dismissed. So Ordered by Chief Judge Mary M. Lisi on 9/23/2013. (A copy of the attached Order was forwarded to Petitioner via first-class mail on 9/23/2013.) (Duhamel, John)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND

MATTHEW BAYNARD
v.

CA 13-578 ML

A.T. WALL, Director, Rhode Island
Department of Corrections

ORDER
This matter is before the Court on Magistrate Judge Sullivan’s Report and
Recommendation issued on September 3, 2013 (Docket #3). No objection has been filed and the
time for doing so has passed. This Court adopts the Report and Recommendation in its entirety.
Accordingly, the Court makes the following orders:

1.

The Petitioner, on or before October 23, 2013, shall either
(a)
pay the $5.00 filing fee, or
(b)
file a motion for leave to proceed in forma pauperis; and,

2.

On or before October 23, 2013, Petitioner shall, if he chooses to proceed with this
litigation, file an amended petition that addresses the deficiencies outlined in the
Report and Recommendation;

3.

The Motion to appoint counsel is DENIED.

Failure to make the filings at #1 and #2 shall result in the petition being dismissed.

SO ORDERED:

/s/ Mary M. Lisi
Mary M. Lisi
Chief United States District Judge
September 23, 2013