Opinion
CIV-21-867-C
09-24-2021
JAMIE MARSHALL MACK, Plaintiff, v. GINA HUTCHISON, et al., Defendants.
REPORT & RECOMMENDATION
Plaintiff, a state prisoner seeking relief under 42 U.S.C. § 1983 and appearing pro se, has applied for leave to proceed in forma pauperis and supporting affidavit. Docs. 1, 7. Having reviewed that application, the undersigned finds Plaintiff has sufficient funds to prepay the $402.00 filing fee. See 28 U.S.C. § 1914(a). Specifically, Plaintiff has $928.26 in his institutional account. Doc. 7, Ex. 1. Because Plaintiff has not shown that he is entitled to authorization by this Court to proceed without prepayment of the full filing fee, see 28 U.S.C. § 1915(a)(1), the undersigned recommends that Plaintiff's application be denied.
United States District Judge Robin J. Cauthron has referred this matter to the undersigned Magistrate Judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B), (C). Doc. 4.
The filing fee is $350.00. See 28 U.S.C. § 1914(a). In addition, an administrative fee of $52.00 must be paid. See Judicial Conf. Sched. of Fees, Dist. Ct. Misc. Fee Sched. ¶ 14.
The undersigned further recommends the dismissal without prejudice of this action unless Plaintiff pays the filing fee in full to the Clerk of Court within twenty-one days of any order adopting this Report and Recommendation. See LCvR3.3(e).
The undersigned advises Plaintiff that he may file an objection to this Report and Recommendation with the Clerk of Court by October 15, 2021. The undersigned further advises Plaintiff 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).
This Report and Recommendation disposes of all issues and terminates the referral to the undersigned Magistrate Judge in the captioned matter.