Opinion
Case No. CIV-20-302-D
04-06-2020
MARCUS D. WOODSON, Petitioner, v. JEORLD BRAGGS, JR., et al., Respondent(s).
REPORT AND RECOMMENDATION
Petitioner, a federal prisoner appearing pro se, has filed a motion for leave to proceed in forma pauperis and supporting affidavit (ECF No. 2). Pursuant to an order entered by Chief United States District Judge Timothy D. DeGiusti, this matter has been referred to the undersigned magistrate judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B). Having reviewed said motion, the undersigned finds that Petitioner has sufficient funds to prepay the filing fee of $5.00. Specifically, the Petitioner attached an Inmate Statement reflecting an account balance of $161.08. Because he does not qualify for authorization to proceed without prepayment of the filing fee, it is recommended that Petitioner's Motion (ECF No. 2) be DENIED and that he be ordered to prepay the full $5.00 filing fee for this action to proceed. 28 U.S.C. § 1915(a)(1). Lister v. Department of the Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005) (magistrate judge should issue a report and recommendation when denying motion to proceed in forma pauperis.).
It is further recommended that this action be dismissed without prejudice to re-filing unless Petitioner pays the $5.00 filing fee in full to the Clerk of the Court within twenty (20) days of any order adopting this Report and Recommendation.
Petitioner is advised of his right to file an objection to this Report and Recommendation with the Clerk of Court by April 24, 2020, in accordance with 28 U.S.C. § 636 and Federal Rules of Civil Procedure 72. Petitioner is further advised that any failure to make timely objection to this Report and Recommendation waives the right to appellate review of the factual and legal issues addressed herein. Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010).
The Clerk is not to forward a copy of the petition to the appropriate state agency until further order of the Court.
This report and recommendation terminates the referral to the undersigned Magistrate Judge unless and until the matter is re-referred.
ENTERED on April 6, 2020.
/s/_________
SHON T. ERWIN
UNITED STATES MAGISTRATE JUDGE