Opinion
Case No. CIV-20-353-D
04-24-2020
ANTONE LAMANDINGO KNOX, Petitioner, v. TOMMY SHARP, Warden, Respondent.
REPORT AND RECOMMENDATION
Petitioner, a pro se state prisoner seeking habeas corpus relief, has filed an amended application for leave to proceed in forma pauperis. Doc. 10. On review of the application, the undersigned finds Petitioner has sufficient funds to prepay the $5 filing fee. Specifically, as of March 17, 2020, Petitioner had $32.02 in his institutional accounts. See id. at 2-3. Under his original application, Petitioner included a Certified Statement of Institutional Accounts that listed his account balance as $34.91 as of April 7, 2020. See Doc. 2, at 3. Under either application, 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 Petitioner's application, Doc. 10, be denied.
Chief United States District Judge Timothy D. DeGiusti has referred this matter to the undersigned Magistrate Judge for proceedings consistent with 28 U.S.C. § 636(b)(1)(B), (C). See Doc. 7. --------
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 twenty-one (21) days of any order adopting this Report and Recommendation. See Local Civil Rule 3.3(e).
The undersigned advises Petitioner that he may file an objection to this Report and Recommendation with the Clerk of Court on or before Friday, May 15, 2020. The undersigned further advises Petitioner that failure to timely object to this Report and Recommendation waives the right to appellate review of both factual and legal issues contained herein. See Moore v. United States, 950 F. 2d 656, 659 (10th Cir. 1991).
The undersigned directs the Clerk of Court to transmit a copy of this Report and Recommendation through electronic mail to the Attorney General of the State of Oklahoma at the following address: fhc.docket@oag.ok.gov.
ENTERED this 24th day of April, 2020.
/s/_________
SUZANNE MITCHELL
UNITED STATES MAGISTRATE JUDGE