Murray v. Robinson

United States District Court, Oklahoma Eastern

Murray v. Robinson

Trial Court Opinion

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

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No. CIV-25-128-RAW-GLJ

ASHLEY ROBINSON, et al.,

Defendants.

ORDER Before the court are the Plaintiff’s motion for leave to proceed in forma pauperis [Docket No. 3] and the Report and Recommendation (“R&R”) issued by Magistrate Judge Jackson, recommending that this action be dismissed sua sponte and the motion be denied as moot [Docket No. 8]. The R&R was filed on April 30, 2025, and no responses or objections have been filed. Pursuant to

28 U.S.C. § 1915

(e)(2)(B), “[n]otwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action . . . is frivolous or . . . fails to state a claim on which relief may be granted.” Moreover, as noted by Magistrate Judge Jackson, the court is required to dismiss an IFP claim that is frivolous or fails to state a claim on which relief may be granted. See Trujillo v. Williams,

465 F.3d 1210

, 1216 n. 5 (10th Cir. 2006). The court has reviewed the Complaint in this case and finds that Magistrate Judge Jackson correctly determined that it is frivolous and fails to state a claim upon which relief may be granted. Accordingly, the R&R [Docket No. 8] is hereby affirmed and adopted as this court’s Findings and Order. This action is hereby dismissed and the motion for leave to proceed in forma pauperis [Docket No. 3] is hereby denied as moot. IT IS SO ORDERED this 17th day of July, 2025.

______________________________________ THE HONORABLE RONALD A. WHITE UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF OKLAHOMA

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