Opinion
CIVIL 1:22-CV-01850
02-07-2023
GEORGE HENRY WHALEY, JR., Plaintiff, v. ANTHONY SCIRICA, U.S. Circuit Judge, et al., Defendants.
REPORT AND RECOMMENDATION
SUSAN E. SCHWAB, UNITED STATES MAGISTRATE JUDGE.
On November 21, 2022, plaintiff George Henry Whaley, Jr. filed a complaint. Doc. 1. He also filed a document titled “Notice of Motion and Motion to Refute Filing Fee to this District Court,” doc. 2, in which he makes frivolous arguments that he is not required to pay the filing fee in this case. We denied that motion and ordered Whaley to either pay the $402.00 filing fee for a civil action or file an application for leave to proceed in forma pauperis. And we warned Whaley that if he fails to pay the filing fee or file an application to proceed in forma pauperis, we would recommend that the case be dismissed.
The $402.00 filing fee for a civil action consists of the $350 statutory filing fee and the $52 administrative fee imposed under the Judicial Conference Schedule of Fees. See 28 U.S.C. § 1914 and note following § 1914.
At the court's direction, the Clerk of Court sent Whaley a copy of the proper in forma pauperis form used by this court.
Whaley has not paid the filing fee or filed an application to proceed in forma pauperis. Instead, he filed two additional motions again raising frivolous, sovereign-citizen arguments that he does not have to pay the filing fee.
Because Whaley's motions (docs. 6, 7) asserting that he does not have to pay the filing fee are without merit, we recommend that the court deny them. And because Whaley has not paid the filing fee or filed an application to proceed in forma pauperis, we recommend that the court dismiss this action.
The Parties are further placed on notice that pursuant to Local Rule 72.3:
Any party may object to a magistrate judge's proposed findings, recommendations or report addressing a motion or matter described in 28 U.S.C. § 636 (b)(1)(B) or making a recommendation for the disposition of a prisoner case or a habeas corpus petition within fourteen (14) days after being served with a copy thereof. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections. The briefing requirements set forth in Local Rule 72.2 shall apply. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions.