Swartz v. Warden, London Correctional Institution

Filing 2

REPORT AND RECOMMENDATIONS re 1 MOTION for Leave to Proceed in forma pauperis filed by Nathan A Swartz. it is RECOMMENDED that petitioner's application for leave to proceed in forma pauperis (Doc. 1 ) be DENIED and petitioner be ordered to pay the full filing fee of $5.00 within thirty (30) days. Petitioner should be notified that his failure to pay the full filing fee within thirty days will result in the dismissal of this action. Objections to R&R due by 5/20/2022. Signed by Magistrate Judge Peter B. Silvain, Jr on 5/6/2022. (bjr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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Case: 3:22-cv-00117-MJN-PBS Doc #: 2 Filed: 05/06/22 Page: 1 of 2 PAGEID #: 46 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION NATHAN A. SWARTZ, Petitioner, vs. WARDEN, LONDON CORRECTIONAL INSTITUTION, Respondent. : : : : : : : : : : Case No. 3:22-cv-117 District Judge Michael J. Newman Magistrate Judge Peter B. Silvain, Jr. REPORT AND RECOMMENDATION Petitioner, an inmate at the Lebanon Correctional Institution, has filed a motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a) in connection with a petition for a writ of habeas corpus. (Doc. 1). The total filing fee due in this habeas corpus action is $5.00. Petitioner’s application reveals that as of May 1, 2022 petitioner had $20.18 on account to his credit, with monthly pay of $20.00. (See Doc. 1, PageID 37, 40). The application thus demonstrates that petitioner has sufficient funds available to pay the full $5.00 filing fee in order to institute this action. Accordingly, it is RECOMMENDED that petitioner’s application for leave to proceed in forma pauperis (Doc. 1) be DENIED and petitioner be ordered to pay the full filing fee of $5.00 within thirty (30) days. Petitioner should be notified that his failure to pay the full filing fee within thirty days will result in the dismissal of this action. IT IS SO RECOMMENDED. May 6, 2022 s/Peter B. Silvain, Jr._________ Peter B. Silvain, Jr. United States Magistrate Judge Case: 3:22-cv-00117-MJN-PBS Doc #: 2 Filed: 05/06/22 Page: 2 of 2 PAGEID #: 47 NOTICE REGARDING OBJECTIONS Pursuant to Fed. R. Civ. P. 72(b), WITHIN 14 DAYS after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations. This period may be extended further by the Court on timely motion for an extension. Such objections shall specify the portions of the Report objected to and shall be accompanied by a memorandum of law in support of the objections. If the Report and Recommendation is based in whole or in part upon matters occurring on the record at an oral hearing, the objecting party shall promptly arrange for the transcription of the record, or such portions of it as all parties may agree upon, or the Magistrate Judge deems sufficient, unless the assigned District Judge otherwise directs. A party may respond to another party’s objections WITHIN 14 DAYS after being served with a copy thereof. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). 2

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