Jones v. Bryant

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION 5 of Magistrate Judge Shon Erwin...plaintiff's application for leave to proceed in forma pauperis 2 is denied...plaintiff is directed to pay the full $5.00 filing fee within 20 days from entry of this order...absent payment this case will be dismissed. Signed by Honorable Joe Heaton on 04/06/2016. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
QUENTIN JONES,
Petitioner,
vs.
JASON BRYANT, Warden,
Respondent.

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NO. CIV-15-1237-HE

ORDER
Petitioner Quentin Jones (“Jones”), a state prisoner appearing pro se, brought this
action pursuant to 28 U.S.C. § 2254 seeking a writ of habeas corpus. Jones applied for leave
to proceed in forma pauperis. Consistent with 28 U.S.C. § 636(b)(1)(B), this matter was
referred for initial proceedings to Magistrate Judge Shon T. Erwin, who recommends the
application be denied and that this case be dismissed unless Jones pays the $5.00 filing fee
in full. Jones filed an objection to the Report and Recommendation. Having conducted de
novo review, the court concludes the Report and Recommendation should be adopted.
Jones objects to the Report and Recommendation on the basis he did not have
sufficient funds to pay the filing fee when he sought disbursement from his prison draw
account on November 16, 2015. However, based on the average deposit amounts and
monthly balances reported for the six full months included in his draw account statement,
Jones has (or will have within the next month) sufficient funds to pay the $5.00 filing fee.
Accordingly, the Report and Recommendation [Doc. No. 5] is ADOPTED as follows.
Plaintiff’s Application for Leave to Proceed In Forma Pauperis [Doc. No. 2] is DENIED.

Plaintiff is directed to pay the full $5.00 filing fee within twenty (20) days from entry of this
order. Absent such payment, this case will be dismissed.
IT IS SO ORDERED.
Dated this 6th day of April, 2016.

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