Murray v. Robinson
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
Reference
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