Opinion
NO. CIV-07-1415-HE.
January 11, 2008
ORDER
Petitioner Delbert McNeil, a prisoner appearing pro se, filed a motion for leave to proceed in forma pauperis ("ifp"). Consistent with 28 U.S.C. § 636(b)(1)(B), the matter was referred to Magistrate Judge Doyle W. Argo, who recommended that the petitioner's motion for leave to proceed ifp be denied and that he be ordered to prepay the full $5 filing fee. The Magistrate Judge further recommended that, unless the petitioner pays the full filing fee within twenty days of the date of an order adopting the Report and Recommendation, the action be dismissed without prejudice.
The petitioner failed to object to the Report and Recommendation and thus waived his right to appellate review of the factual and legal issues it addressed. United States v. One Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996). See 28 U.S.C. § 636(b)(1)(C); LCvR 72.1(a). The court has also considered the merits of the motion and substantially concurs with the Magistrate Judge's conclusion.
Accordingly, the court ADOPTS the Report and Recommendation [Doc.# 7], DENIES the petitioner's motion for leave to proceed ifp [Doc. # 3], and ORDERS the petitioner to pay the entire $5 filing fee to the Clerk of Court within twenty (20) days of the date of this order or this action will be deemed dismissed without prejudice.
IT IS SO ORDERED.