Opinion
Case No. CIV-20-1090-G
11-04-2020
BRIAN ATER, Plaintiff, v. LUKE PETTIGREW, WARDEN, Defendant.
REPORT AND RECOMMENDATION
Petitioner, a pro se state prisoner seeking habeas corpus relief, has filed an application for leave to proceed in forma pauperis (without prepaying fees or costs). (Doc. 2). On review of the application, the undersigned finds Petitioner has sufficient funds to prepay the $5 filing fee. Specifically, Petitioner has $28.58 in his institutional accounts. (Id. at pp. 3, 6). Because Petitioner has not shown he is entitled to authorization by this Court to proceed without prepayment of the $5 filing fee, see 28 U.S.C. § 1915(a)(1), the undersigned recommends that the Court deny Petitioner's application.
United States District Judge Goodwin has referred this matter to the undersigned Magistrate Judge for proceedings consistent with 28 U.S.C. § 636(b)(1)(B), (C). (Doc. 4). --------
The undersigned further recommends the dismissal without prejudice of this action unless Petitioner pays the $5 filing fee in full to the Clerk of Court within 21 days of any order adopting this Report and Recommendation. See Local Civil Rule 3.3(e).
Petitioner is advised that he may file an objection to this Report and Recommendation with the Clerk of Court on or before Wednesday, November 18, 2020. Failure to timely object to this Report and Recommendation waives the right to appellate review of both factual and legal issues contained herein. See Duffield v. Jackson, 545 F.3d 1234, 1237 (10th Cir. 2008).
This Report and Recommendation disposes of all issues and terminates the referral to the undersigned Magistrate Judge unless and until the matter is re-referred.
ENTERED this 4th day of November, 2020.
/s/_________
AMANDA MAXFIELD GREEN
UNITED STATES MAGISTRATE JUDGE