Espinoza v. United States of America

Filing 6

REPORT AND RECOMMENDATION: It is recommended that the 1 Petition for Writ of Habeas Corpus be dism and 5 MOTION for Leave to Proceed in forma pauperis filed by Victor Sanchez Espinoza be DENIED. Objections to R&R due by 3/23/2009. This R&R disp of all issues ref to the undersigned Judge in the captioned matter, & any pend mtn not specifically addressed herein be den. Signed by Magistrate Judge Gary M. Purcell on 3/2/09. (dm)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

VICTOR SANCHEZ ESPINOZA, Petitioner, vs. UNITED STATES OF AMERICA, Respondent.

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CIV-09-203-D

REPORT AND RECOMMENDATION With his Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. §2241, Petitioner has filed a motion for leave to proceed in forma pauperis and supporting affidavit. Having reviewed said motion and affidavit, the undersigned finds that Petitioner has sufficient financial resources to pay the $5.00 filing fee. Because he does not qualify for authorization to proceed without prepayment of the filing fee, Petitioner's motion should be denied, and he should be required to pay the full filing fee for this action to proceed.

RECOMMENDATION

Based on the foregoing findings, it is recommended that the motion for leave to proceed in forma pauperis (Doc. #5) be DENIED and the action be dismissed without
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prejudice unless Petitioner pays the full filing fee to the Clerk of the Court by March 23rd, 2009. Petitioner is advised of his right to file an objection to this Report and

Recommendation with the Clerk of this Court by March 23rd , 2009, in accordance with 28 U.S.C. §636 and LCvR 72.1. The failure to timely object to this Report and

Recommendation would waive appellate review of the recommended ruling. Moore v. United States of America, 950 F.2d 656 (10th Cir. 1991); cf. Marshall v. Chater, 75 F.3d 1421, 1426 (10th Cir. 1996) ("Issues raised for the first time in objections to the magistrate judge's recommendation are deemed waived."). This Report and Recommendation disposes of all issues referred to the undersigned Magistrate Judge in the captioned matter, and any pending motion not specifically addressed herein is denied. ENTERED this 2nd day of March , 2009.

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