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.)

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.

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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).

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