Peoples v. Lawrence

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MATTHEW PEOPLES,
Plaintiff,
-vs-
PAUL LAWRENCE,
Defendant.
)
)
)
)
) 	NO. CIV-25-1492-HE
)
)
)
)
ORDER
On January 6, 2026, United States Magistrate Judge Amanda L. Maxfield issued a
Report and Recommendation recommending the court deny plaintiff’s application [Doc.
#2] requesting to proceed without prepaying fees or costs. 	[Doc. #7]. 	She also
recommended this action be dismissed without prejudice to re-filing, if plaintiff does not
pay the $405.00 filing fee in full within 21 days of any order adopting the Report and
Recommendation.
Magistrate Judge Maxfield advised plaintiff 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 January 27, 2026.
Plaintiff has filed a motion [Doc. #8] requesting an additional 30 days to pay the
filing fee. According to plaintiff, his facility has advised that it takes time to remove money
from his savings account.
Because plaintiff has not objected to Magistrate Judge Maxfield’s recommendation
to deny his application [Doc. #2], the court concludes that plaintiff has waived the right to
Case 5:25-cv-01492-HE Document 9 Filed 02/03/26 Page 1 of 2

2
appellate review of that issue and will adopt the Report and Recommendation to that extent.
See Moore v. United States, 950 F.2d 656, 659 (10 th Cir. 1991). However, the court will
grant plaintiff’s motion requesting an additional 30 days to pay the full filing fee of
$405.00.
Accordingly, the court ADOPTS the Report and Recommendation [Doc. #7] to the
extent that plaintiff’s application [Doc. #2] requesting to proceed without prepaying fees
or costs is DENIED. Plaintiff’s motion [Doc. #8] requesting an additional 30 days to pay
the filing fee is GRANTED. If plaintiff does not pay the $405.00 filing fee within 30 days
from the date of this order, this action will be dismissed without prejudice to re-filing.
IT IS SO ORDERED.
Dated this 3 rd day of January, 2026.
Case 5:25-cv-01492-HE Document 9 Filed 02/03/26 Page 2 of 2