Paul Kristen Mitchell v. Tommy Sharp

Summary

The United States District Court for the Western District of Oklahoma adopts the magistrate judge’s Report and Recommendation after the petitioner failed to object by the deadline. The court denies the petitioner’s motion to proceed in forma pauperis and orders payment of the $5.00 filing fee within 21 days, warning that failure to pay will result in dismissal without prejudice.

Holdings

1. When no timely objection is filed to the magistrate judge's Report and Recommendation, the district court may accept and adopt it in its entirety.
2. Mitchell's motion for leave to proceed in forma pauperis is denied, and he must pay the $5.00 filing fee in full within twenty-one days of the order.

Questions Presented

1. Whether the court should adopt the Report and Recommendation when no timely objection was filed.
2. Whether Mitchell's motion for leave to proceed in forma pauperis should be denied and the $5.00 filing fee ordered paid.

Disposition

other