Opinion
3:24-cv-06035-JHC-GJL
12-20-2024
BRYAN MICHAEL OWENS, Petitioner, v. JASON BENNETT, Respondent.
Noting Dated: January 3, 2025
REPORT AND RECOMMENDATION
Grady J. Leupold United States Magistrate Judge
Petitioner Bryan Michael Owens, a prisoner located at Stafford Creek Corrections Center, filed a Petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 and an Application to Proceed In Forma Pauperis (“IFP”). Dkt. 1. In his IFP Application, Petitioner asserts he has no income or assets. Id. at 1-2. However, the prison trust account statement he submitted shows average monthly receipts totaling $277.05 and an average spendable balance of $23.15. Dkt. 1-1. As such, Petitioner's prison trust account shows he can pay the $5.00 fee for filing a federal habeas petition. Accordingly, the Court recommends:
1) Petitioner's IFP Application (Dkt. 1) be DENIED.
2) Petitioner be directed to submit the $5.00 filing fee within 14 days of adoption of this Report and Recommendation (“R&R”), or the matter will be DISMISSED without prejudice.
3) The Clerk shall provide a copy of this R&R to Petitioner.
Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), the parties shall have fourteen (14) days from service of this report to file written objections. See also Fed.R.Civ.P. 6. Failure to file objections can result in a waiver of those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140, 142 (1985); Miranda v. Anchondo, 684 F.3d 844, 848 (9th Cir. 2012) (citations omitted). Accommodating the time limit imposed by Rule 72(b), the Clerk is directed to set the matter for consideration on January 3, 2025, as noted in the caption.