Milton v. Daniels

Filing 5

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the 2 Motion for Leave to Proceed in forma pauperis be denied. Petitioner will have 30 days to pay the requisite $5 filing fee. Signed by Judge Marcia A. Crone on 7/16/15. (mrp, )

UNITED STATES DISTRICT COURT

GREGORY A. MILTON,
Petitioner,
versus
WARDEN, USP BEAUMONT,
Respondent.

EASTERN DISTRICT OF TEXAS

§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. 1:15-CV-140

MEMORANDUM ORDER ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner, Gregory A. Milton, a federal prisoner currently confined at USP Beaumont,
proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends petitioner’s application to proceed in forma pauperis be denied.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. No objections
to the Report and Recommendation have been filed to date. Petitioner, however, has also not paid
the requisite $5 filing fee in this action.
ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct
and the report of the Magistrate Judge is ADOPTED. Petitioner will have thirty (30) days to pay

the requisite $5 filing fee. Failure to comply with this order will result in the dismissal of this action

.
for want of prosecution.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 16th day of July, 2015.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

2