Cherry v. Commissioner of Social Security

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION

DEVIN P. CHERRY § PLAINTIFF § § v. § Civil No. 2:23cv91-HSO-BWR § § COMMISSIONER OF SOCIAL § SECURITY § DEFENDANT

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION [5], AND DENYING PLAINTIFF DEVIN P. CHERRY’S MOTION [4] TO PROCEED IN FORMA PAUPERIS

BEFORE THE COURT is the Report and Recommendation [5] of United States Magistrate Judge Bradley W. Rath, entered on July 25, 2023, which recommends that Plaintiff Devin P. Cherry’s Motion [4] for Leave to Proceed in forma pauperis be denied and that Plaintiff be required to pay both the $350.00 filing fee and $52.00 administrative fee within 90 days. See R. & R. [5] at 3. Plaintiff has not objected to the Report and Recommendation [5], and the time for doing so has passed. See L.U. Civ. R. 72(a)(3). After review of the record and relevant law, the Court finds that the Report and Recommendation [5] should be adopted, that Plaintiff’s Motion [4] should be denied, and that Plaintiff should be required to pay both the $350.00 filing fee and $52.00 administrative fee within 90 days of entry of this Order. I. DISCUSSION Where no party has objected to a Magistrate Judge’s report and recommendation, the Court need not conduct a de novo review of it. 28 U.S.C.

§ 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”). Where there are no objections, the Court applies the “clearly erroneous, abuse of discretion and contrary to law” standard of review to the report and recommendation. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). Having conducted the required review, the Court concludes that the Report and Recommendation [5] is neither clearly erroneous nor contrary to law. The

Court will adopt the Magistrate Judge’s Report and Recommendation [5] as the opinion of this Court and deny Plaintiff Devin P. Cherry’s Motion [4] for Leave to Proceed in forma pauperis. The Court will require Plaintiff to pay both the $350.00 filing fee and $52.00 administrative fee within 90 days of entry of this Order. II. CONCLUSION

IT IS, THEREFORE, ORDERED AND ADJUDGED that, the Report and Recommendation [5] of United States Magistrate Judge Bradley W. Rath, entered on July 25, 2023, is ADOPTED as the finding of this Court. IT IS, FURTHER, ORDERED AND ADJUDGED that, Plaintiff Devin P. Cherry’s Motion [4] for Leave to Proceed in forma pauperis is DENIED.

2 IT IS, FURTHER, ORDERED AND ADJUDGED that, Plaintiff Devin P. Cherry shall pay both the $350.00 filing fee and $52.00 administrative fee within 90 days of entry of this Order. Should Plaintiff fail to timely pay these required filing

and administrative fees, this matter will be dismissed without prejudice without further notice. SO ORDERED AND ADJUDGED, this the 23rd day of August, 2023.

s/ Halil Suleyman Ozerden

HALIL SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE