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Cox v. Obenland

United States District Court, W.D. Washington, Tacoma

September 2, 2014

RANCE LANCE COX, Petitioner,
v.
MIKE OBENLAND, Respondent.

REPORT AND RECOMMENDATION

J. RICHARD CREATURA, Magistrate Judge.

The District Court has referred this petition for a writ of habeas corpus to United States Magistrate Judge J. Richard Creatura. The Court's authority for the referral is 28 U.S.C. § 636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner seeks relief from a state conviction. Petitioner filed the petition pursuant to 28 U.S.C. § 2254.

Petitioner filed a motion to proceed in forma pauperis using the wrong form (Dkt. 1). The Clerk's Office sent petitioner a deficiency letter (Dkt. 2). Petitioner paid the five dollar filing fee and the Court has ordered service of the petition (Dkt. 4).

Petitioner's motion to proceed in forma pauperis is still on the Court's calendar. The Court recommends denial of petitioner's motion because petitioner has paid the full five dollar filing fee.

Pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b), the parties shall have fourteen (14) days from service of this Report to file written objections. See also Fed.R.Civ.P. 6. Failure to file objections will result in a waiver of those objections for purposes of de novo review by the district judge. See 28 U.S.C. § 636(b)(1)(C). Accommodating the time limit imposed by Fed.R.Civ.P. 72(b), the clerk is directed to set the matter for consideration on September 19, 2014, as noted in the caption.


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