King v. Ogastien

Background

Aaron Scott King Sr. filed an action against Officer Ogastien at the Henipen County Jail, the Henipen County Jail, a sergeant who allegedly denied his grievance, and nurses and correctional officers. The opinion does not identify the specific legal claims or facts alleged in the complaint.

King applied to proceed without paying the filing fee. United States Magistrate Judge Dulce J. Foster issued a Report and Recommendation dated July 16, 2024. The magistrate judge concluded that the complaint failed to state a viable claim for relief and recommended dismissal under 28 U.S.C. § 1915A(b). The recommendation also stated that King remained responsible for the outstanding $350 statutory civil-action filing fee under 28 U.S.C. § 1915(b)(2).

Review of the Recommendation

King did not object to the Report and Recommendation. Because there were no timely objections, the court reviewed the recommendation for clear error. The opinion states that the court found no clear error based on the case files, records, and proceedings.

Ruling

Judge Jeffrey M. Bryan adopted the Report and Recommendation. The court denied King’s application to proceed without paying the filing fee, dismissed the action without prejudice, and ordered King to pay the unpaid balance of the $350 statutory filing fee in the manner required by 28 U.S.C. § 1915(b)(2). The clerk was directed to notify the authorities at the institution where King is incarcerated about the payment requirement.