Clarke v. United States

United States District Court, Oklahoma Western

Clarke v. United States

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA SWAIN CLARKE, ) ) Plaintiff, ) ) v. ) Case No. CIV-24-956-D ) UNITED STATES OF AMERICA, ) ) Defendant. ) O R D E R Before the Court is the Report and Recommendation issued by United States Magistrate Judge Amanda Maxfield Green pursuant to

28 U.S.C. § 636

(b)(1)(B)-(C) [Doc. No. 6]. Judge Green recommends a dismissal without prejudice based on Plaintiff’s failure to comply with a prior Order granting leave to continue in forma pauperis but requiring payment of the $350 filing fee in installments [Doc. No. 5]. Plaintiff has neither filed a timely objection to the Report nor requested additional time to object. Upon consideration, the Court finds that Plaintiff has waived further review of the issues addressed in the Report. See Moore v. United States,

950 F.2d 656, 659

(10th Cir. 1991); see also United States v. 2121 East 30th St.,

73 F.3d 1057, 1060

(10th Cir. 1996). IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 6] is ADOPTED in its entirety. This action is DISMISSED without prejudice to refiling. A separate judgment of dismissal shall be entered. IT IS SO ORDERED this 13" day of November, 2024.

Ny Q.OyPt TIMOTHY D. DeGIUSTI Chief United States District Judge

Reference

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