Smirl v. Harmon

Filing 6

ORDER WITHDRAWING FINDINGS, CONCLUSIONS, AND RECOMMENDATION AND TERMINATING MOTION: The filing fee has now been paid, the 8/29/2017 Findings, Conclusions, and Recommendation of the Magistrate Judge [Dkt. No. 5 ] is WITHDRAWN. And the Clerk shall TERMINATE the IFP motion [Dkt. No. 4 ] as unnecessary. (Ordered by Magistrate Judge David L. Horan on 10/6/2017) (ams)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
RICK SMIRL
(BOP Register No. 28854-077),

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Petitioner,
V.
DJ HARMON, Warden,
Respondent.

No. 3:17-cv-2281-L-BN

ORDER WITHDRAWING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION AND TERMINATING MOTION
This habeas action under 28 U.S.C. § 2241 by a federal inmate has been referred
to the undersigned United States magistrate judge for pretrial management under 28
U.S.C. § 636(b) and a standing order of reference from United States District Judge
Sam A. Lindsay. On August 29, 2017, the undersigned recommended that Petitioner
Rick Smirl’s motion for leave to proceed in forma pauperis (“IFP”) [Dkt. No. 4] be
denied and that he be ordered to pay the $5.00 statutory filing fee within 21 days after
any order adopting that recommendation. See Dkt. No. 5. Because the filing fee has
now been paid, the August 29, 2017 Findings, Conclusions, and Recommendation of the
Magistrate Judge [Dkt. No. 5] is WITHDRAWN. And the Clerk shall TERMINATE the
IFP motion [Dkt. No. 4] as unnecessary.
SO ORDERED.
DATED: October 6, 2017

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DAVID L. HORAN
UNITED STATES MAGISTRATE JUDGE