Elmenhorst v. West et al

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JOSEPH ANTHONY ELMENHORST, )
)
Plaintiff, )
)
v. ) Case No. CIV-26-1472-G
)
CHRIS WEST, Sheriff of Canadian )
County, et al. )
)
Defendants. )
ORDER
Plaintiff Joseph Anthony Elmenhorst, a state prisoner appearing pro se, filed this
civil action and applied for leave to proceed in forma pauperis. In accordance with 28
U.S.C. § 636(b)(1), the matter was referred to Magistrate Judge Shon T. Erwin for
preliminary review.
Judge Erwin granted Plaintiff’s request for leave to proceed in forma pauperis and
ordered Plaintiff to pay an initial partial filing fee of $54.89 by July 27, 2026. See Order
of July 9, 2026 (Doc. No. 5).
On August 31, 2026, Judge Erwin issued a Report and Recommendation
recommending that this case be dismissed without prejudice due to Plaintiff’s failure to
pay the initial filing fee as ordered. See R. & R. (Doc. No. 6) at 1-3; LCvR 3.4(a). In the
Report and Recommendation, Judge Erwin advised Plaintiff of his right to object by
September 17, 2026. See R. & R. at 2. Judge Erwin further advised that failure to timely
object would constitute a waiver of the right to appellate review of the factual findings and
legal conclusions contained in the Report and Recommendation. See id. at 2-3.
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Plaintiff did not file an objection to the Report and Recommendation or request
additional time to do so.
CONCLUSION
Accordingly, the Report and Recommendation (Doc. No. 6) is ADOPTED in its
entirety.
Plaintiff’s Complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE. A
separate judgment shall be entered.
IT IS SO ORDERED this 9th day of October, 2026.
Case 5:26-cv-01472-G Document 7 Filed 10/09/26 Page 2 of 2