Galvan v. Franklin County Sheriff Department

Filing 6

REPORT AND RECOMMENDATION: It is RECOMMENDED that Plaintiff's Applications to Proceed In Forma Pauperis be DENIED (ECF Nos. 3 & 5) 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 3/16/2018. Signed by Magistrate Judge Chelsey M. Vascura on 3/2/2018. (kpt)(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

ARTURO GALVAN,
Plaintiff,
Civil Action 2:17-cv-1053
Judge George C. Smith
Magistrate Judge Chelsey M. Vascura

v.

FRANKLIN COUNTY SHERIFF
DEPARTMENT, et al.,
Defendants.
REPORT AND RECOMMENDATION
Plaintiff, a state inmate who is proceeding without counsel, filed an Application to
Proceed in Forma Pauperis on January 22, 2018. (ECF No. 3.) Because Plaintiff failed to
include the required certified copy of his prison trust fund account statement, the Court issued a
Second Notice of Deficiency, instructing Plaintiff to submit the requisite documents or pay the
$400 filing fee by February 25, 2018. (ECF No. 4.) Plaintiff submitted a second Motion for
Leave to Proceed In Forma Pauperis on February 26, 2018. (ECF No. 5.) Although Plaintiff’s
Application is not accompanied by the required statement of account showing the past six
months of transactions, it did include a certificate from the prisoner cashier indicating that
Plaintiff had a balance of $3,288.48 in his account as of February 11, 2018. (ECF No. 5,
PAGEID # 27.) Because Plaintiff possesses enough money to pay the filing fee in full, it is
RECOMMENDED that Plaintiff’s Applications to Proceed In Forma Pauperis be DENIED
and that he be GRANTED THIRTY DAYS to pay the Court’s filing fee or submit additional
documentation showing that he is unable to pay the fee.

For the reasons stated, it is RECOMMENDED that Plaintiff’s Applications to Proceed
In Forma Pauperis be DENIED (ECF Nos. 3 & 5) and that he be GRANTED THIRTY DAYS
to either pay the Court’s $400.00 filing fee or submit the proper documentation. 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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