Green v. Farris

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
WILLIE GREEN, 	)
)
Petitioner, 	)
v. 	) 	No. CIV-25-1094-J
)
JUSTIN FARRIS1 , 	)
)
Respondent. 	)
REPORT AND RECOMMENDATION
Petitioner, 	an 	Oklahoma 	prisoner 	appearing 	pro 	se, 	has 	filed 	an
application for leave to proceed in forma pauperis. Doc. 11. United States
District Judge Bernard M. Jones referred this habeas corpus matter to the
undersigned Magistrate Judge for initial proceedings consistent with 28 U.S.C.
§ 636(b)(1)(B), (C). Doc. 4. Having reviewed the application, the undersigned
finds that Petitioner has sufficient funds to prepay the $5.00 filing fee. See 28
U.S.C. § 1914(a) (“[O]n application for writ of habeas corpus the filing fee shall
be $5.”).
Petitioner’s institutional account statement reflects a balance of $367.64.
Doc. 11, Att. 1. So he does not qualify for authorization to proceed without
1 	Steven Harpe resigned as the Executive Director of the Oklahoma
Department 	of 	Corrections 	on 	September 	30, 	2025.
https://oklahoma.gov/doc/newsroom/2025/odoc-director-steven-harpe-to-
resign-sept--30.html (last visited Nov. 19, 2025). Therefore, Executive Director
Justin 	Farris 	is 	substituted 	as 	Respondent 	in 	this 	proceeding.
https://oklahoma.gov/doc/leadership.html (last visited Nov. 19, 2025); see Fed
R. Civ. P. 25(d).
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prepayment of the filing fee. The undersigned therefore recommends the Court
deny Petitioner’s application and order him to prepay the full $5.00 filing fee
for this action to proceed. 28 U.S.C. § 1914(a); see also LCvR3.3(d). The
undersigned further recommends that the Court dismiss this action without
prejudice to refiling unless Petitioner pays the filing fee in full to the Clerk of
the Court within twenty-one (21) days of any order adopting this Report and
Recommendation. See LCvR3.3(e).2
The undersigned advises Petitioner that he may file an objection to this
Report and Recommendation with the Clerk of this Court by December 10,
2025. The undersigned further advises Petitioner that failure to timely object
to this Report and Recommendation waives the right to appellate review of
both factual and legal issues contained herein. Moore v. United States, 950 F.
2d 656, 659 (10th Cir. 1991).
This Report and Recommendation disposes of all issues referred to the
undersigned Magistrate Judge in this matter.
ENTERED this 19th day of November, 2025.
2 	Adoption of this Report & Recommendation will moot Petitioner’s motion
for awareness to the Court, Doc. 10.
Case 5:25-cv-01094-J Document 12 Filed 11/19/25 Page 2 of 2