Opinion
CIV-20-965-SLP
09-30-2020
GARY DON TRIPP, Petitioner, v. FNU WHITTEN, Respondent.
REPORT AND RECOMMENDATION
Before the Court is Petitioner's Application for Leave to Proceed In Forma Pauperis. Doc. No. 2. The matter has been referred to the undersigned Magistrate Judge for initial proceedings consistent with 28 U.S.C. §636(b)(1)(B). Having reviewed said Application, the undersigned finds Petitioner has sufficient financial resources to pay the filing fee as his institutional account has a current balance of $1,171.60 and his average monthly deposits total $121.92. Doc. No. 2 at 3, 4. Because he does not qualify for authorization to proceed without prepayment of the filing fee, Petitioner's Application should be denied, and he should be required to pay the full filing fee for this action to proceed.
RECOMMENDATION
Based on the foregoing findings, it is recommended the Application for Leave to Proceed In Forma Pauperis (Doc. No. 2) be DENIED and the action be dismissed without prejudice unless Petitioner pays the full filing fee to the Clerk of the Court by October 20th , 2020. Petitioner is advised of his right to file an objection to this Report and Recommendation with the Clerk of this Court by October 20th , 2020, in accordance with 28 U.S.C. § 636 and LCvR 72.1. The failure to timely object to this Report and Recommendation would waive appellate review of the recommended ruling. Moore v. United States, 950 F.2d 656 (10th Cir. 1991); cf., Marshall v. Chater, 75 F.3d 1421, 1426 (10th Cir. 1996) ("Issues raised for the first time in objections to the magistrate judge's recommendation are deemed waived.").
This Report and Recommendation disposes of all issues referred to the undersigned Magistrate Judge in the captioned matter, and any motion pending should be deemed denied.
ENTERED this 30th day of September 2020.
/s/_________
GARY M. PURCELL
UNITED STATES MAGISTRATE JUDGE