govinfo:USCOURTS-okwd-5_26-cv-00337-1

IN THE UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF OKLAHOMA   
 
JAMES DEWAYNE HALE, JR., 
 
   Plaintiff, 
 
-vs- 
 
DEPARTMENT OF CORRECTIONS, et 
al., 
 
   Defendants. 
) 
) 
) 
) 
) NO.  CIV-26-0337-HE 
) 
) 
) 
) 
) 
 
ORDER 
 On February 26, 2026, United States Magi strate Judge Amanda L. Maxfield issued 
a Report and Recommendatio n [Doc. #6], recommending th e court deny plaintiff’s 
application [Doc. #2] requesting to proceed w ithout prepaying fees or  costs.  She also 
recommended that if plaintiff does not pay th e $405 filing fee to the clerk of the court 
within 21 days of any orde r adopting the Report and Recommendation, this action be 
dismissed without prejudice to refiling. 
 Magistrate Judge Maxfield advised plainti ff of the right to file  an objection to the 
Report and Recommendation as well as the consequences for failure to timely object.  Any 
objection to the Report and Recommendation was due by March 19, 2026. 
 To date, plaintiff has not objected to  the Report and Recommendation and has not 
requested an extension of time to file an obje ction.  With no obje ction timely filed, the 
court concludes plaintiff has waived the right to appellate review of that issue.  See Moore 
v. United States, 950 F.2d 656, 659 (10 th Cir. 1991).  The Report and Recommendation 
will be adopted. 
Case 5:26-cv-00337-HE     Document 7     Filed 03/31/26     Page 1 of 2
2 
 Accordingly, the Report and Recommendation [Doc. #6] is ADOPTED.   Plaintiff’s 
application [Doc. #2] requesting to procee d without prepaying fees or costs is DENIED.  
If plaintiff does not pay the $405.00 filing fee within 21 days of this order , this action 
will be dismissed without prejudice to refiling.   
IT IS SO ORDERED. 
Dated this 31st day of March, 2026. 
 
Case 5:26-cv-00337-HE     Document 7     Filed 03/31/26     Page 2 of 2

Passage view · GavelSight