Opinion
Case No. CIV-21-93-D
03-17-2021
DENNIS MARTIN, Petitioner, v. L. PETTIGREW, Warden, Respondent.
REPORT AND RECOMMENDATION
Petitioner—a state prisoner seeking habeas relief under 28 U.S.C. § 2254 and appearing pro se,—has submitted an application for leave to proceed in forma pauperis and supporting affidavit. Doc. 7. Having reviewed that application, the undersigned finds Petitioner has sufficient funds to prepay the $5 filing fee. Specifically, Petitioner's funds include $855.93 in his institutional account(s). Id. at 3. Because Petitioner has not shown that 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 be denied.
United States District Judge Timothy D. DeGiusti has referred this matter to the undersigned Magistrate Judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B), (C). See 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 twenty-one (21) days of any order adopting this Report and Recommendation. See LCvR3.3(e).
The undersigned advises Petitioner that he may file an objection to this Report and Recommendation with the Clerk of Court by April 1, 2021, in accordance with 28 U.S.C. § 636 and Fed. R. Civ. P. 72. The undersigned further advises Petitioner that failure to timely object to this Report and Recommendation waives the right to appellate review of the factual and legal issues involved. 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.
ENTERED this 17th day of March, 2021.
/s/_________
SUZANNE MITCHELL
UNITED STATES MAGISTRATE JUDGE