Reported / Citable
Background
Wallace Mitchell, a federal prisoner proceeding without counsel, filed a civil action against the United States under the Federal Tort Claims Act. The district court referred the matter to U.S. Magistrate Judge Zack Hawthorn.
On July 23, 2026, the magistrate judge recommended dismissing the action without prejudice under 28 U.S.C. § 1915(g) unless Mitchell paid the $405 filing fee within 14 days. Mitchell objected to that recommendation.
The Court’s Holding
After reviewing Mitchell’s objections de novo under Federal Rule of Civil Procedure 72(b), the district court concluded that the objections lacked merit. It overruled the objections and adopted the magistrate judge’s findings of fact and conclusions of law.
The court vacated its earlier order permitting Mitchell to proceed in forma pauperis and denied him leave to proceed in forma pauperis. It also directed the clerk to refund Mitchell’s $19.99 initial partial filing fee and stated that a final judgment would be entered in accordance with the magistrate judge’s recommendation.
Key Takeaways
- The court adopted the recommendation to dismiss the action without prejudice unless Mitchell paid the $405 filing fee within 14 days.
- Mitchell’s objections did not persuade the court to reject the magistrate judge’s findings or conclusions.
- The court revoked Mitchell’s in forma pauperis status and ordered a refund of his $19.99 initial partial filing fee.
Why It Matters
The order resolves Mitchell’s challenge to the magistrate judge’s recommendation and changes the terms on which his Federal Tort Claims Act case may proceed. Rather than allowing the action to continue under the prior in forma pauperis order, the court adopted the recommendation concerning payment of the $405 filing fee and forthcoming dismissal without prejudice.