Walker v. Masquelier

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
WALTER EDWARD WALKER, )
)
Petitioner, )
)
vs. ) Case No. CIV-26-65-G
)
JOHN MASQUELIER, )
)
Respondent. )
REPORT AND RECOMMENDATION
Petitioner, a state prisoner appearing
pro se, has filed an Application (Motion) for
Leave to Proceed
In Forma Pauperis and supporting affidavit (ECF No. 2). Pursuant to
an order entered by United States District Judge Charles B. Goodwin, this matter has
been referred to the undersigned magistrate judge for initial proceedings consistent with
28 U.S.C. §636(b)(1)(B). Having reviewed said Motion, the undersigned finds that
Petitioner has sufficient funds in his inmate savings account to prepay the filing fee of
$5.00. Because he does not qualify for authorization to proceed without prepayment of
the filing fee, it is recommended that Petitioner’s motion, (ECF No. 2) be DENIED and
that he be ordered to prepay the full $5.00 filing fee for this action to proceed. 28 U.S.C.
§ 1915(a)(1).
Lister v. Department of the Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005)
(magistrate judge should issue a report and recommendation when denying motion to
proceed
in forma pauperis.).
Case 5:26-cv-00065-G Document 5 Filed 01/22/26 Page 1 of 2

It is further recommended that this action be dismissed without prejudice to re-
filing unless Petitioner pays the $5.00 filing fee in full to the Clerk of the Court within
twenty (20) days of any order adopting this Report and Recommendation.
Petitioner is advised that he may file an objection to this Report and
Recommendation with the Clerk of this Court by February 9, 2026 in accordance with
28 U.S.C. § 636 and Federal Rule Civil Procedure 72. Petitioner is further advised that any
failure to make timely objection to this Report and Recommendation waives the right to
appellate review of the factual and legal issues addressed herein.
Casanova v. Ulibarri,
595 F.3d 1120, 1123 (10th Cir. 2010).
This report and recommendation terminates the referral to the undersigned
magistrate judge unless and until the matter is re-referred.
ENTERED on January 22, 2026.
Case 5:26-cv-00065-G Document 5 Filed 01/22/26 Page 2 of 2