Opinion
Civil Action 6:20-CV-00060
01-28-2022
REGINALD ANDRE CALLIS, Plaintiff, v. BOBBY LUMPKIN, et al., Defendants.
MEMORANDUM AND RECOMMENDATION
Julie K. Hampton United States Magistrate Judge
Petitioner filed this petition pro se and in forma pauperis on September 18, 2020 (D.E. 1). Final judgment dismissing the petition with prejudice was entered on November 23, 2021 (D.E. 31). Petitioner filed a notice of appeal January 10, 2022 (D.E. 35). Pending is petitioner's application for leave to proceed in forma pauperis on appeal (D.E. 39).
Petitioner's in forma pauperis inmate trust account reflects that as of January 21, 2022, petitioner had $558.45 in his inmate trust account. (D.E. 40). The filing fee for filing a habeas corpus petition is $505.00. Petitioner can afford to pay the fee.
RECOMMENDATION
It is respectfully recommended that petitioner's application for leave to proceed in forma pauperis (D.E. 39) be denied without prejudice and that petitioner be ordered to pay the filing fee within twenty days.
ORDERED on January 28, 2022.
NOTICE TO PARTIES
The Clerk will file this Memorandum and Recommendation and transmit a copy to each party or counsel. Within FOURTEEN (14) DAYS after being served with a copy of the Memorandum and Recommendation, a party may file with the Clerk and serve on the United States Magistrate Judge and all parties, written objections, pursuant to Fed.R.Civ.P. 72(b), 28 U.S.C. § 636(b)(1), General Order No. 2002-13, United States District Court for the Southern District of Texas.
A party's failure to file written objections to the proposed findings, conclusions, and recommendation in a magistrate judge's report and recommendation within FOURTEEN (14) DAYS after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court. Douglass v. United Servs. Auto Ass 'n , 79 F.3d 1415 (5th Cir. 1996)(en banc).