Delmond Cozart v. Oklahoma State Reformatory

Summary

The United States District Court for the Western District of Oklahoma adopts a magistrate judge’s recommendation and denies Delmond Cozart’s application to proceed in forma pauperis in a 28 U.S.C. § 2241 habeas proceeding. The court directs him to pay the $5.00 filing fee by April 13, 2026, or the petition will be dismissed without prejudice.

Holdings

1. A party who fails to object to a magistrate judge's Report and Recommendation by the prescribed deadline waives appellate review of the factual and legal issues addressed in the recommendation.
2. The application to proceed in forma pauperis was properly denied because Petitioner had sufficient funds to pay the $5.00 filing fee.

Questions Presented

1. Whether the court should deny Petitioner's application to proceed in forma pauperis because he had sufficient funds to pay the filing fee.
2. Whether Petitioner's failure to object to the magistrate judge's Report and Recommendation waived appellate review of the factual and legal issues addressed in that recommendation.

Disposition

other