Perez v. Doe 16

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ERNESTO CONILL PEREZ,
Plaintiff,
v.
JOHN DOE 16,
Defendant.
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No. CIV-26-2219-R
REPORT AND RECOMMENDATION
Plaintiff, a federal prisoner appearing pro se, has filed an application for
leave to proceed in forma pauperis. Doc. 9. United States District Judge David
L. Russell referred this action 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 Plaintiff has sufficient
funds to prepay the full filing fee. See 28 U.S.C. § 1914(a).
Plaintiff’s 	inmate 	savings 	account 	statement 	reflects 	a 	balance 	of
$5,013.39. Doc. 9, at 3. So he does not qualify for authorization to proceed
without prepayment of the filing fee. The undersigned therefore recommends
the Court deny Plaintiff’s application and order him to prepay the full filing
fee for this action to proceed. 28 U.S.C. § 1914(a); see also LCvR3.3(d).1 The
1 	The filing fee is $350.00. See 28 U.S.C. § 1914(a). In addition, an
administrative fee of $55.00 must be paid. See Judicial Conf. Sched. of Fees,
Dist. Ct. Misc. Fee Sched. ¶ 14. The total amount due is $405.00.
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undersigned further recommends that the Court dismiss this action without
prejudice to refiling unless Plaintiff 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).
The undersigned advises Plaintiff that he may file an objection to this
Report and Recommendation with the Clerk of this Court by October 29, 2026.
The undersigned further advises Plaintiff 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 8th day of October, 2026.
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