Misek v. Kijakazi

• Court: District Court, E.D. Washington
• Decided: March 6, 2020
• Docket: 4:20-cv-05013
• Status: Unknown

Opinion

1 FILED IN THE 2 EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON 3 Mar 06, 2020 4 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 7 ASHLEY M., No. 4:20-CV-05013-EFS 8

9 Plaintiff, REPORT AND RECOMMENDATION 10 vs. 11

12 ANDREW M. SAUL, COMMISSIONER OF SOCIAL 13 SECURITY, 14 Defendant. 15 16

17 By Order filed February 4, 2020, the Plaintiff was directed to pay a partial 18 filing fee of $25.00. ECF No. 4. Plaintiff has not consented to proceed before a 19 magistrate judge. 20 There has been no payment and no response to the court’s Order. 21 Accordingly, IT IS RECOMMENDED: 22 1. Plaintiff’s Complaint be DISMISSED without prejudice. 23 2. Plaintiff be required to provide notice of the dismissal to any and all 24 Defendant(s) she served with a copy of the Complaint and Summons. 25 OBJECTIONS 26 Any party may object to a magistrate judge’s proposed findings, 27 recommendations or report within fourteen (14) days following service with a copy 28 thereof. Such party shall file written objections with the Clerk of the Court and serve objections on all parties, specifically identifying any the portions to which 2|| objection is being made, and the basis therefor. Any response to the objection 3|| shall be filed within fourteen (14) days after receipt of the objection. Federal Rule 4|| of Civil Procedure 6(d) adds additional time after certain kinds of service. 5 A district judge will make a de novo determination of those portions 6|| objected to and may accept, reject, or modify the magistrate judge’s determination. 7|| The judge need not conduct a new hearing or hear arguments and may consider the 8|| magistrate judge’s record and make an independent determination thereon. The 9|| judge may, but is not required to, accept or consider additional evidence, or may recommit the matter to the magistrate judge with instructions. United States v. Howell, 231 F.3d 615, 621 (9th Cir. 2000); 28 U.S.C. § 636(b)(1)(B) and (C); □□□□ R. Civ. P. 72(b)(3); LMJR 2(c), Local Magistrate Judge Rules for the Eastern District of Washington. A magistrate judge’s recommendation cannot be appealed 14]| to a court of appeals; only the district judge’s order or judgment can be appealed. 15 The Clerk of the Court is directed to file this Report and Recommendation and provide a copy to Plaintiff. 17 DATED March 6, 2020.

-—-«JOHNT.RODGERS 20 Va UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28