McNeary v. Oklahoma County

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
GOLDY ROMEO MCNEARY,
Petitioner,
v.
STATE OF OKLAHOMA,
Respondent.
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No. CIV-26-2802-HE
REPORT AND RECOMMENDATION
Petitioner, a state inmate appearing pro se, has filed an application for
leave to proceed in forma pauperis. Doc. 3. United States District Judge Joe
Heaton 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.
7. Having reviewed the application, the undersigned finds that Petitioner has
sufficient funds to pay 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 total balance of
$264.63 and an average balance of $44.41. Doc. 3, at 3-5. So he does not qualify
for authorization to proceed without payment of the filing fee. The undersigned
therefore recommends the Court deny Petitioner’s application and order him
to pay 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
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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).
The undersigned advises Petitioner 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 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 8th day of October, 2026.
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