Thompson v. Brown et al

Filing 2

REPORT AND RECOMMENDATION: It is RECOMMENDED that 1 Plaintiff's Application to Proceed In Forma Pauperis be DENIED and that he be GRANTED THIRTY DAYS to either pay the Court's $400.00 filing fee or submit the proper documentation. Objections to R&R due by 9/5/2017. Signed by Magistrate Judge Chelsey M. Vascura on 8/21/2017. (kdp)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

LOWELL W. THOMPSON,
Plaintiff,
Civil Action 2:17-cv-721
Judge George C. Smith
Magistrate Judge Chelsey M. Vascura

v.

CHRISTOPHER J. BROWN, et al.,
Defendants.
REPORT AND RECOMMENDATION
Plaintiff, a state inmate who is proceeding without counsel, has filed an Application to
Proceed In Forma Pauperis. (ECF No. 1.) Although Plaintiff’s application is not accompanied
by the required certified trust fund statement from his prison’s cashier, his Affidavit reflects that
that he may have sufficient funds in a checking or savings account to cover the Court’s $400
filing fee. More specifically, his affidavit reflects that he has $2000.00 in cash on hand or in a
savings, checking, or other account. (Pl.’s Aff. At p. 3, ECF No. 1.) In addition, the Affidavit
reflects that Plaintiff has no dependents and no monthly expenses. (Id. at 2-3.) The undersigned
therefore RECOMMENDS that Plaintiff’s Application to Proceed In Forma Pauperis be
DENIED and that he be GRANTED THIRTY DAYS to either pay the Court’s filing fee or
submit the proper documentation.
For the reasons stated, it is RECOMMENDED that Plaintiff’s Application to Proceed In
Forma Pauperis be DENIED (ECF No. 1) and that he be GRANTED THIRTY DAYS to either
pay the Court’s $400.00 filing fee or submit the proper documentation. Plaintiff is advised that if
he opts to proceed with this litigation, which appears to fail to state viable claims, his action may

be subject to dismissal as frivolous under 28 U.S.C. § 1915(e)(2). Plaintiff is further advised that
should the Court adopt this Report and Recommendation, his failure to timely comply will result
in dismissal for failure to prosecute.
PROCEDURE ON OBJECTIONS
If any party objects to this Report and Recommendation, that party may, within fourteen
(14) days of the date of this Report, file and serve on all parties written objections to those
specific proposed findings or recommendations to which objection is made, together with
supporting authority for the objection(s). A Judge of this Court shall make a de novo
determination of those portions of the Report or specified proposed findings or recommendations
to which objection is made. Upon proper objections, a Judge of this Court may accept, reject, or
modify, in whole or in part, the findings or recommendations made herein, may receive further
evidence or may recommit this matter to the Magistrate Judge with instructions. 28 U.S.C. §
636(b)(1).
The parties are specifically advised that failure to object to the Report and
Recommendation will result in a waiver of the right to have the District Judge review the Report
and Recommendation de novo, and also operates as a waiver of the right to appeal the decision of
the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140
(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
IT IS SO ORDERED.

/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE

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