5:07-cv-00746 | W.D. Okla. | Nov 1, 2007

Case 5:07-cv-00746-M Document 13 Filed 11/01/07 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA FRANCIS A. GRANDINETTI, ) ) Plaintiff, ) ) vs. ) Case No. CIV-07-746-M ) DOMINION MANAGEMENT ) BROKERAGE, et al., )

) Defendants. ) ORDER On September 13, 2007, United States Magistrate Judge Doyle W. Argo issued a Report and Recommendation in this case recommending that this action be dismissed without prejudice to refiling because plaintiff has neither paid the filing fee, submitted his application for leave to proceed in forma pauperis as ordered, nor shown good cause for such failure. On September 24, 2007, plaintiff filed a “Motion to Enforce Order and Continue IFP Proceedings for Good Cause Shown.” On October 4, 2007, this Court granted plaintiff’s motion, directed plaintiff to file his application for leave to proceed in forma pauperis by October 30, 2007, and advised plaintiff that if he does not file said application by October 30, 2007, the Court will adopt the Report and Recommendation and will dismiss this action without prejudice to refiling. As of the date of this Order, plaintiff has not filed his application for leave to proceed in forma pauperis nor paid the filing fee.

Accordingly, the Court: (1) ADOPTS the Report and Recommendation issued by the Magistrate Judge on

September 13, 2007, and Case 5:07-cv-00746-M Document 13 Filed 11/01/07 Page 2 of 2 (2) DISMISSES this action without prejudice to refiling. IT IS SO ORDERED this 1st day of November, 2007.