Opinion
3:24-cv-05168-DGE-BAT
04-01-2024
SAMUEL F. VALDEZ, Petitioner, v. JASON BENNETT, Respondent.
REPORT AND RECOMMENDATION DENYING IFP APPLICATION
BRIAN A. TSUCHIDA United States Magistrate Judge
Petitioner has submitted a federal habeas corpus petition and an application to proceed in forma pauperis (IFP). Dkt. 4. Petitioner's IFP application avers he has $200 in prison savings. The Court finds Petitioner thus has the ability to pay the $5.00 habeas corpus filing fee and is not eligible to proceed IFP. The Court recommends Petitioner be directed to pay the filing fee within 14 days of adoption of this recommendation. The Court further recommends that if Petitioner fails to pay the filing fee within that deadline, that the matter be dismissed without prejudice.
OBJECTIONS AND APPEAL
This Report and Recommendation is not an appealable order. Therefore, Petitioner should not file a notice of appeal seeking review in the Court of Appeals for the Ninth Circuit until the assigned District Judge enters a judgment in the case.
Objections, however, may be filed and served upon all parties no later than March 22, 2024. The Clerk shall note the matter for March 22, 2024, as ready for the District Judge's consideration. The failure to timely object may affect the right to appeal.