Luginbyhl v. Red Rock Corrections Center et al.

Summary

The United States District Court for the Western District of Oklahoma overruled Levi Luginbyhl’s objections to the magistrate judge’s Report and Recommendation. The court accepted and adopted the recommendation and dismissed the complaint without prejudice because Plaintiff failed to pay the filing fee or submit a motion to proceed in forma pauperis as ordered.

Holdings

1. The objections did not establish grounds to reject the Report and Recommendation because they did not explain Plaintiff's failure to comply with the December 8 order requiring payment of the full filing fee or submission of an in forma pauperis motion.
2. Dismissal without prejudice was appropriate because Plaintiff failed to comply with the court's order requiring him to pay the full civil filing fee or submit a motion to proceed in forma pauperis by the specified deadline.
3. Objections to a Report and Recommendation were not the proper vehicle for Plaintiff's request that the court take judicial notice of in forma pauperis motions filed in other cases.

Questions Presented

1. Whether Plaintiff's objections required rejection of the Report and Recommendation recommending dismissal.
2. Whether dismissal without prejudice was appropriate when Plaintiff failed to pay the full filing fee or submit a motion to proceed in forma pauperis by the court-ordered deadline.
3. Whether Plaintiff's request that the court take judicial notice of in forma pauperis filings in other cases could properly be raised through objections to the Report and Recommendation.

Disposition

dismissed