Walton v. Lester

United States District Court, Oklahoma Western

Walton v. Lester

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

EDWARD JOE WALTON, ) ) Petitioner, ) ) vs. ) NO. CIV-19-0417-HE ) RANDY LESTER, et al., ) ) Respondents. )

ORDER

Petitioner, appearing pro se, filed an action for a writ of habeas corpus under

28 U.S.C. § 2254

. On June 27, 2019, U.S. Magistrate Judge Bernard M. Jones issued a Report and Recommendation recommending the denial of petitioner’s applications for leave to proceed in forma pauperis and the dismissal without prejudice of this action unless petitioner pays the $5.00 filing fee in full within twenty-one days form the date of any order adopting the Report and Recommendation. Petitioner was advised of his right to object to the Report and Recommendation by July 18, 2019. Petitioner did not object to the Report and Recommendation. Therefore, petitioner has waived his right to appellate review of the factual and legal issues it addressed. Cassanova v. Ulibarri,

595 F.3d 1120, 1123

(10th Cir. 2010). Accordingly, the court ADOPTS Magistrate Judge Jones’ Report and Recommendation [Doc. #9], DENIES petitioner’s applications for leave to proceed in forma pauperis [Doc. #7 and Doc. #8], and ORDERS petitioner to pay the $5 filing fee in full within twenty-one (21) days of the date of this Order. Petitioner is advised that if he does not pay the full $5 filing fee within twenty-one (21) days of the date of this Order, this action will be dismissed without prejudice. IT IS SO ORDERED. Dated this 29th day of July, 2019.

Dt ha JC TON U] STATES DISTRICT JUDGE

Reference

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