Opinion
Case No. CIV-18-1186-HE
12-07-2018
CHRISTOPHER WAYNE WEBB, Petitioner, v. STATE OF OKLAHOMA, 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. See Doc. 3. Having reviewed that application, the undersigned finds Petitioner has sufficient funds to prepay the $5 filing fee. Specifically, Petitioner's funds include $193.47 in his mandatory savings account. See id. at 3-4. 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 Joe Heaton 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. 5. --------
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 by December 28, 2018. 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.state.ok.us.
This Report and Recommendation disposes of all issues and terminates the referral to the undersigned Magistrate Judge in the captioned matter.
ENTERED this 7th day of December, 2018.
/s/_________
SUZANNE MITCHELL
UNITED STATES MAGISTRATE JUDGE