Franklin v. Oklahoma State of et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
CORTEZ L. FRANKLIN, 	)
)
Petitioner, 	)
)
v. 	) 	Case No. CIV-12-865-F
)
STATE OF OKLAHOMA, 	)
)
Respondent. 	)
REPORT AND RECOMMENDATION
Mr. Cortez Franklin has filed a petition for habeas relief. Rather than pay the filing
fee, Mr. Franklin moved for leave to proceed in forma pauperis. The motion indicates that
Mr. Franklin has $92.25 in his savings account, and the filing fee is only $5.00.1 Because
Mr. Franklin has adequate funds for the filing fee,2 the undersigned recommends that the
Court: (1) deny the motion for leave to proceed in forma pauperis, (2) order payment of the
filing fee within 21 days,3 and (3) dismiss the action without prejudice if Mr. Franklin fails
to timely pay the filing fee or show good cause for the failure to do so. 	See W.D. LCvR
3.3(e).
1 See 28 U.S.C. § 1914(a).
2 Oklahoma law governing the statutory savings account expressly allows inmates to withdraw
funds from the account to pay fees under 28 U.S.C. § 1911, et seq. Okla. Stat. tit. 57 § 549(A)(5);
see also Williams v. Austin, 890 P.2d 416, 418 (Okla. Ct. App. 1994) (“A prisoner’s savings held
by the Department of Corrections may be used to pay fees or costs in filing a civil action.” (citations
omitted)).
3 See W.D. Okla. LCvR 3.3(e).
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The Petitioner is advised of his right to object to this report and recommendation by
August 30, 2012. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 6(d), 72(b)(2). If the Petitioner
does object, he must file a written objection with the Court Clerk for the United States
District Court, Western District of Oklahoma. The Petitioner is further advised that if he
does not timely object, he would waive his right to appellate review over a denial of pauper
status in the district court. See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991).
This report and recommendation terminates the referral.
Entered this 13th day of August, 2012.
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