Opinion
C23-5171-JLR-SKV
03-31-2023
REGINALD JOHN PAUL CHIEF GOES OUT, Petitioner, v. JASON BENNETT, Respondent.
REPORT AND RECOMMENDATION
S. KATE VAUGHAN UNITED STATES MAGISTRATE JUDGE
Petitioner filed a motion to proceed in forma pauperis (IFP) in this habeas matter. Dkt. 4. The form completed by Petitioner appears to indicate he has no resources available to pay the filing fee. However, the certified copy of the prison trust account statement provided by Petitioner shows that he has a twenty percent spendable balance of $140.70. Id. at 3.
Because it appears Petitioner has financial resources allowing for payment of the $5.00 fee for filing a habeas petition, the Court recommends the motion to proceed IFP, Dkt. 4, be DENIED. This action should proceed only if plaintiff pays the $5.00 filing fee within thirty (30) days after entry of the Court's Order adopting this Report and Recommendation. If no filing fee is paid within thirty days of the Court's Order, the Clerk should close the file.
Objections to this Report and Recommendation, if any, should be filed with the Clerk and served upon all parties to this suit within twenty-one (21) days of the date on which this Report and Recommendation is signed. Failure to file objections within the specified time may affect your right to appeal. Objections should be noted for consideration on the District Judge's motions calendar for the third Friday after they are filed. Responses to objections may be filed within fourteen (14) days after service of objections. If no timely objections are filed, the matter will be ready for consideration by the District Judge on April 28, 2023 .
The Clerk is directed to send copies of this order to the parties and to the Honorable James L. Robart.