Opinion
C24-5442-BJR-SKV
07-02-2024
ROBERT LUCAS WOODWARD, Petitioner, v. JASON BENNETT, Respondent.
REPORT AND RECOMMENDATION
S. KATE VAUGHAN United States Magistrate Judge
Petitioner, proceeding pro se, filed a motion to proceed in forma pauperis (IFP) in this habeas matter. Dkt. 7. The form completed by Petitioner appears to indicate he has no resources available to pay the filing fee. Id. However, the certified copy of the prison trust account statement provided by Petitioner shows that he has average monthly receipts of $250.29 and an average spendable balance of $184.00. Dkt. 7-14.
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. 7, 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 not later than fourteen (14) days from 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 fourteen (14) days from the date they are filed. Responses to objections may be filed by the day before the noting date. If no timely objections are filed, the matter will be ready for consideration by the District Judge on July 23, 2024.
The Clerk is directed to send copies of this order to the parties and to the Honorable Barbara J. Rothstein.