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Henderson v. Norris

August 16, 2007

SAMUEL L. HENDERSON PLAINTIFF #ADC 124650
v.
LARRY NORRIS, ET AL. DEFENDANTS



The opinion of the court was delivered by: James M. Moody United States District Judge

ORDER

Pending before the Court are the proposed findings and recommendations from Magistrate Judge Beth M. Deere, and plaintiff's objection.

The Magistrate Judge's Recommended Disposition to dismiss plaintiff's complaint was based upon plaintiff's failure to comply with the Court's Order directing him to either pay the required filing fee or to submit a timely application to proceed in forma pauperis.

Plaintiff's objection states that he timely completed an in forma pauperis form and placed it in the prison mail system. Plaintiff now seeks permission to file a second application.

Because the record reflects that the Court did not receive plaintiff's initial application, but has received the second application, the Court finds that the Magistrate Judge's Recommended Disposition is moot and refers the case back to the Magistrate Judge.

IT IS SO ORDERED this 16 day of August, 2007.

20070816

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