Opinion
2:03-CV-0286.
July 6, 2004
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS, and DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS
Came this day for consideration the petition for a federal writ of habeas corpus filed by petitioner CURTIS MARVIN McKINNEY. Said habeas petition was filed without prepayment of the required $5.00 filing fee. With his petition for habeas relief, petitioner submitted an "Application to Proceed In Forma Pauperis" and a certified in forma pauperis data sheet from the penal institution in which he is incarcerated.
On May 17, 2004, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that petitioner's "Application to Proceed In Forma Pauperis" be denied, and that the petition for a writ of habeas corpus filed by petitioner be dismissed for failure to pay the $5.00 filing fee. Upon his motion, petitioner was granted additional time in which to pay the filing fee or submit evidence of the authorization of the disbursement of the requisite funds. As of this date, no objections to the Report and Recommendation have been filed of record, nor has the $5.00 filing fee been paid.
Based upon an independent examination of the record in this case, the District Judge is of the opinion that the Magistrate Judge's Report and Recommendation should be, and hereby is, ADOPTED. Accordingly, petitioner's "Application to Proceed In Forma Pauperis" is DENIED, and the petition for a writ of habeas corpus filed by petitioner CURTIS MARVIN McKINNEY is DISMISSED.
IT IS SO ORDERED.