Opinion
CIV-21-492-HE
05-18-2021
JAMES JERMAINE WOODFORK, Plaintiff, v. SCOTT NUNN, Warden, et al., Defendants.
REPORT AND RECOMMENDATION
SUZANNE MITCHELL UNITED STATES MAGISTRATE JUDGE
Plaintiff-a state prisoner appearing pro se-has filed a civil rights complaint and submitted an application for leave to proceed in forma pauperis and supporting affidavit. See Docs. 1, 2. Having reviewed that application, the undersigned finds Plaintiff has sufficient funds to prepay the $402 filing fee.Specifically, Plaintiff has an available balance in is trust account of $875.94 and a balance of $106.30 in his mandatory savings account. See Doc. 2, at 4, 8. Because Plaintiff has not shown that he is entitled to authorization by this Court to proceed without prepayment of the filing fee, see 28 U.S.C. § 1915(a)(1), the undersigned recommends that Plaintiffs 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. 7.
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.
Plaintiff admits he is able to pay the filing fee. See Doc. 2, at 1 (“I do have funds that could be used to prepay the filing fees in my Trust funds account.”).
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 (21) days of any order adopting this Report and Recommendation. See Local Civil Rule 3.3(e).
The undersigned advises Plaintiff that he may file an objection to this Report and Recommendation with the Clerk of Court on or before June 8, 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.