Gutierrez v. Fox et al

Filing 14

ORDER re 13 MOTION for Extension of Time filed by Pedro Gutierrez, 12 REPORT AND RECOMMENDATION re 10 MOTION for Leave to Proceed in forma pauperis filed by Pedro Gutierrez, ORDER REFERRING CASE to Magis trate Judge Gary M. Purcell., Motions terminated: 12 REPORT AND RECOMMENDATION re 10 MOTION for Leave to Proceed in forma pauperis filed by Pedro Gutierrez, 13 MOTION for Extension of Time filed by Pedro Gutierrez. Mr. Gutierrez is gr anted an extension until October 1, 2020 to pay the fee. The Court hereby adopts the Report and Recommendation, Doc. No. 12, to the extent it is consistent with the Courts order. Accordingly, the Court hereby denies Mr. Gutierrezs Application for Leave to Proceed in Forma Paupers, Doc. No. 10. The matter is re-referred to Judge Purcell for further proceedings. Signed by Honorable David L. Russell on 9/4/20. (jw)

Case 5:20-cv-00525-R Document 14 Filed 09/04/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
PEDRO GUTIERREZ,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
JOHN B. FOX, Warden, et al.,
Defendants.

Case No. CIV-20-525-R

ORDER
Plaintiff Pedro Gutierrez, a prisoner appearing pro se, filed this action seeking relief
pursuant to 42 U.S.C. § 1983. Doc. No. 1. Mr. Gutierrez also filed a Motion for Leave to
Proceed In Forma Paupers. Doc. No. 10. In accordance with 28 U.S.C. § 636(b)(1)(B) and
(C), the matter was referred to United States Magistrate Judge Gary M. Purcell for
preliminary review. On August 13, 2020, Judge Purcell issued his Report and
Recommendation. Doc. No. 12. Plaintiff filed a letter on July 30, 2020 to the Clerk of
Court, Doc. No. 13, which the Court construes as a timely objection to Judge Purcell’s
Report and Recommendation. Plaintiff’s timely objection gives rise to the Court’s
obligation to undertake a de novo review of those portions of the Report and
Recommendation to which Plaintiff makes specific objection. Cognizant of its obligation
and granting Plaintiff’s filing the liberal construction mandated by Haines v. Kerner, 404
U.S. 519 (1972), the Court adopts the Report and Recommendation in part.
On June 5, 2020, Mr. Gutierrez filed this action alleging that Defendants Warden
John Fox, Warden Scott Young, Assistant Warden T. Carter, Lieutenant D. Cogburn,
1

Case 5:20-cv-00525-R Document 14 Filed 09/04/20 Page 2 of 2

Officer T. Kirby, and Chaplain D. Holston violated the U.S. Constitution by preventing
Mr. Gutierrez from practicing his religion. Doc. No. 1. In his Report and Recommendation,
Judge Purcell recommends the Court deny Mr. Gutierrez’s Application for Leave to
Proceed In Forma Pauperis, Doc. No. 10. See Doc. No. 12. Judge Purcell further
recommends that the action be dismissed unless Mr. Gutierrez pays the filing fee by
September 2, 2020. Id.
Mr. Gutierrez does not object to the recommendation that his application be denied.
Instead, he alleges that he intends to pay the filing fee but currently does not know how
much to pay. Doc. No. 13. He requests the Court notify him of the exact amount he needs
to pay to satisfy his filing fee and grant him an extension of time to pay the fee. Id. The
filing fee is $400.00. Mr. Gutierrez is granted an extension until October 1, 2020 to pay the
fee.
The Court hereby adopts the Report and Recommendation, Doc. No. 12, to the
extent it is consistent with the Court’s order. Accordingly, the Court hereby denies Mr.
Gutierrez’s Application for Leave to Proceed in Forma Paupers, Doc. No. 10. The matter
is re-referred to Judge Purcell for further proceedings.
IT IS SO ORDERED this 4th day of September 2, 2020.

2