Cozart v. Oklahoma State Reformatory

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
DELMOND COZART, )
)
Petitioner, )
)
v. ) Case No. CIV-26-183-J
)
OKLAHOMA STATE REFORMATORY, )
)
Respondent. )
ORDER
Petitioner, a state inmate appearing pro se, filed a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241 [Doc. No. 1] and an application for leave to proceed in forma pauperis
[Doc. No. 2]. The matter was referred for initial proceedings to United States Magistrate Judge
Suzanne Mitchell consistent with 28 U.S.C. § 636(b)(1)(B), (C). On review, Judge Mitchell
recommends that the Court deny Petitioner’s application on grounds that he has sufficient funds
to pay the $5.00 filing fee. [Doc. No. 6]. Despite being cautioned that he must file any objection
no later than March 2, 2026, Petitioner did not object and has waived his right to appellate review
of the factual and legal issues addressed in the Report and Recommendation. See Casanova v.
Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010).
Accordingly, the Court ADOPTS the Report and Recommendation [Doc. No. 6] and
DENIES Petitioner’s application for leave to proceed in forma pauperis [Doc. No. 2]. If Petitioner
does not pay the $5.00 filing fee by April 13, 2026, the Court will dismiss his Petition without
prejudice.
Case 5:26-cv-00183-J Document 7 Filed 03/23/26 Page 1 of 2

2
IT IS SO ORDERED this 23rd day of March, 2026.
Case 5:26-cv-00183-J Document 7 Filed 03/23/26 Page 2 of 2