Singley v. Jones et al

Filing 11

ORDER ADOPTING in part 9 Report and Recommendation, DENYING 2 Motion for Leave to Proceed in forma pauperis filed by Warren Dean Singley, MODIFYING in part 9 Report and Recommendation, GRANTING in part 10 Objection to Report and Recommendatio n filed by Warren Dean Singley, as fully set forth in this order. The ddl for pymt of the $350.00 filing fee is extended to 30 days from this date. Plf may give a copy of this order to the responsible official(s). The Deputy Clerk is DIRECTED t o mail, along w/plf's personal copy of this order, 2 extra copies of this order & 9 Report and Recommendation, so that plf may conveniently provide a copy of both orders to the individual(s) at his institution who are responsible for remission of the fee from plf's acct. Absent timely pymt of the fee, or absent another extension of time for good cause shown, this action will be dismissed w/o prejudice. Signed by Honorable Stephen P. Friot on 5/17/12. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
WARREN DEAN SINGLEY,

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Plaintiff,
vs.
JUSTIN JONES, et al.,
Defendants.

Case No. CIV-12-0483-F

ORDER
Magistrate Judge Gary M. Purcell has issued a Report and Recommendation,
doc. no. 9 (the Report), recommending that plaintiff’s motion for leave to proceed in
forma pauperis, doc. no. 2, be denied and that this action be dismissed without
prejudice unless plaintiff pays the full filing fee to the Clerk of the Court by May 29,
2012. Plaintiff filed a timely objection to the Report. Doc. no. 10. The court has
reviewed all objected to matters de novo.
Upon review and as set out in more detail below, the court:
1) ACCEPTS, ADOPTS and AFFIRMS the Report’s recommendations IN
PART, and DENIES plaintiff’s motion to proceed in forma pauperis;
2) MODIFIES the Report’s recommendations IN PART; and
3) GRANTS IN PART plaintiff’s objections to the Report.
1). The court ACCEPTS, ADOPTS and AFFIRMS the magistrate judge’s
recommendations to the extent that the Report recommends leave to proceed in forma
pauperis be denied. The court agrees with the magistrate judge that plaintiff does not
qualify for authorization to proceed without pre-payment of the fee because the papers
filed with his motion show that he has sufficient financial resources to pay the filing
fee. Plaintiff’s motion to proceed in forma pauperis is DENIED. Doc. no. 2.

2). The Report’s recommendation that this action be dismissed without
prejudice absent payment of the filing fee by May 29, 2012, is MODIFIED as
follows. The due date for payment is hereby EXTENDED to thirty days from the
date of this order.
In that regard, the court notes, among plaintiff’s other objections, plaintiff’s
statements that he has attempted to have the $350.00 filing fee removed from his
inmate mandatory savings account and paid to the court. Doc. no. 10, pp. 4-5.
Attachments to his objections show that plaintiff has made at least some efforts to
have the filing fee remitted from his inmate account. Doc. no. 10, ex. nos. 1, 2. One
attachment indicates that when plaintiff requested remission of the fee, he was advised
by staff that he must have a court order attached to his request showing the dollar
amount required to be paid, with the envelope and disbursement, and that he must
have the law library supervisor approve the disbursement. Doc. no. 10, ex. 2. (The
court also notes that plaintiff has filed a separate motion seeking an order requiring
officials at the James Crabtree Correctional Center to issue payment of the filing fee
to the court, from his inmate account. Doc. no. 4.)
In these circumstances it is appropriate to extend the deadline for payment of
the filing fee to thirty days from the date of this order, and to provide that to secure
payment of the $350.00 filing fee, plaintiff may give a copy of this order to the
responsible official(s). The Deputy Clerk is DIRECTED to mail, along with
plaintiff’s personal copy of this order, two extra copies of this order and of the Report
at doc. no. 9, so that plaintiff may conveniently provide a copy of both orders to the
individual(s) at his institution who are responsible for remission of the fee from
plaintiff’s account.

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Plaintiff is cautioned that absent timely payment of the fee, or absent another
extension of time for good cause shown, this action will then be dismissed without
prejudice as recommended in the Report.
3). Plaintiff’s objection to the Report is GRANTED IN PART. His objection
is granted to the extent that he requests a court order to present to officials which
states that he is required to remit the $350.00 filing fee to the Clerk of this Court to
avoid dismissal of this action. His objection is also granted to the extent that his
papers, liberally construed, implicitly request an extension of time within which to
remit payment of the filing fee.
Dated this 17th day of May, 2012.

12-0483p001.wpd

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