Opinion
No. 1:11-cv-3111-CL
04-06-2012
MARK G. SAMS, Petitioner, v. J.E. THOMAS, Respondent.
ORDER
PANNER, District Judge:
Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Although no objections have been filed, this court reviews legal principles de novo. See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206 (8th Cir. 1983).
I agree with Magistrate Judge Clarke that this petition must be dismissed without prejudice because petitioner has failed to pay the filing fee, request an application to proceed in forma pauperis, or request an extension of time. Accordingly, I adopt the Report and Recommendation.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#4) is adopted. The petition (#1) is dismissed without prejudice. The court denies a certificate of appealability.
IT IS SO ORDERED.
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OWEN M. FANNER
U.S. DISTRICT JUDGE