STRYKER v. BEAR

No. CIV-17-695-W.

TERRY J. STRYKER, Petitioner, v. WARDEN BEAR, Defendant.

United States District Court, W.D. Oklahoma.

Editors Note
Applicable Law: 28 U.S.C. § 2241
Cause: 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (state)
Nature of Suit: 530 Habeas Corpus (General)
Source: PACER


Attorney(s) appearing for the Case

Terry J Stryker, Petitioner, Pro Se.


ORDER

LEE R. WEST, District Judge.

On July 27, 2017, United States Magistrate Judge Charles B. Goodwin issued a Report and Recommendation in this matter and recommended that the Court deny the Application for Leave to Proceed in Forma Pauperis filed by petitioner Terry J. Stryker, a state prisoner proceeding pro se. Magistrate Judge Goodwin further recommended that the Court order Stryker to pay the filing fee of $5.00 in full or to show good cause for his failure to do so. Although Magistrate Judge Goodwin advised Stryker of his rightto object to the Report and Recommendation, see Doc. 6 at 2, Stryker has instead, as the record reflects, paid the filing fee. See Doc. 7.

Upon review, the Court concurs with Magistrate Judge Goodwin's findings that Stryker has sufficient funds in his institutional savings account to prepay the filing fee, see Doc. 5-1, and that he is therefore not entitled to litigate this matter without prepayment of the filing fee in full.

Accordingly, the Court

(1) ADOPTS the Report and Recommendation [Doc. 6] filed on July 27, 2017;

(2) DENIES Stryker's Application for Leaveto Proceed in Forma Pauperis [Doc. 5] file-stamped June 23, 2017; and

(3) RE-REFERS this matter to Magistrate Judge Goodwin for further proceedings.


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