Opinion
CIV-22-11-HE
02-07-2022
RUTH LEWIS, Petitioner, v. ABOUTANAA ELHABTI, Respondent.
REPORT AND RECOMMENDATION
SHONT. ERWIN, UNITED STATES MAGISTRATE JUDGE
Petitioner, a state prisoner appearing pro se, has filed an Application (Motion) for Leave to Proceed In Forma Pauperis and supporting affidavit (ECF No. 2). Pursuant to an order entered by United States District Judge Joe Heaton, this matter has been referred to the undersigned magistrate judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B). Having reviewed the Motion, the undersigned finds that Petitioner has sufficient funds in her inmate savings account to prepay the filing fee of $5.00. Because she does not qualify for authorization to proceed without prepayment of the filing fee, it is recommended that Petitioner's Motion (ECF No. 2) be DENIED and that she be ordered to prepay the full $5.00 filing fee for this action to proceed. 28 U.S.C. § 1915(a)(1). Lister v. Department of the Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005) (magistrate judge should issue a report and recommendation when denying motion to proceed in forma pauperis.).
It is further recommended that this action be dismissed without prejudice to refiling unless Petitioner pays the $5.00 filing fee in full to the Clerk of the Court within twenty (20) days of any order adopting this Report and Recommendation.
Petitioner is advised that she may file an objection to this Report and Recommendation with the Clerk of this Court by January 24, 2022, in accordance with 28 U.S.C. § 636 and Federal Rule Civil Procedure 72. Petitioner is further advised that any failure to make timely objection to this Report and Recommendation waives the right to appellate review of the factual and legal issues addressed herein. Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010).
This report and recommendation terminates the referral to the undersigned magistrate judge unless and until the matter is re-referred.