Opinion
CIV-23-00587-JD
08-24-2023
STEVEN MONTRAIL TRIPLET, Plaintiff, v. TIMOTHY HENDERSON, former Judge, official capacity, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
JODI W. DISHMAN UNITED STATES DISTRICT JUDGE
Before the Court is Magistrate Judge Shon T. Erwin's Report and Recommendation [Doc. No. 6] recommending that Plaintiff's Motion for Leave to Proceed in forma pauperis [Doc. No. 2] be denied. Judge Erwin advised Mr. Triplet of his right to file an objection to the Report and Recommendation with the Clerk of Court by August 21, 2023, and that failure to timely object to the Report and Recommendation waives the right to appellate review of both factual and legal issues contained in the Report and Recommendation. [Doc. No. 6 at 2]. See also 28 U.S.C. § 636.
The record reflects that Mr. Triplet did not file an objection to the Report and Recommendation by the deadline or request an extension of time to do so.
The Court therefore ACCEPTS and ADOPTS the Report and Recommendation [Doc. No. 6] in its entirety for the reasons stated therein. Mr. Triplet's Motion for Leave to Proceed in forma pauperis [Doc. No. 2] is DENIED. Plaintiff Steven Montrail Triplet is ORDERED to pay the full filing fee to the Clerk of Court within 20 days of this Order, or by September 13, 2023, or this action will be dismissed without prejudice, without further warning by the Court.
IT IS SO ORDERED this 24th day of August 2023.