Perrin v. Saul

• Court: District Court, E.D. Washington
• Decided: January 3, 2020
• Docket: 2:20-cv-00005
• Status: Unknown

Opinion

EASTERN DISTRICT OF WASHINGTON 1 Jan 03, 2020 2 SEAN F. MCAVOY, CLERK 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 7 PAT P., No. 2:20-CV-00005-FVS 8

9 Plaintiff, REPORT AND RECOMMENDATION 10 vs. 11

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

17 Before the Court is Plaintiff’s Application to Proceed In Forma Pauperis. 18 ECF No. 2. Plaintiff’s alleged income and response to question four demonstrates 19 that he has sufficient means to cover the cost of the Filing Fee and the 20 Administrative Fee required by the Court. See 28 U.S.C. § 1914(a). 21 A denial of a motion to procced in forma pauperis is a final judgement that 22 is immediately appealable under 28 U.S.C. § 1291, and a magistrate judge has no 23 authority to issue a dispositive order denying in forma pauperis status without 24 consent of the parties. Tripati v. Rison, 847 F.2d 548, 548-49 (9th Cir. 1988). 25 Plaintiff has not consented to proceed before a magistrate judge. Accordingly, IT 26 IS RECOMMENDED: 27 1. Plaintiff’s Application to Proceed In Forma Pauperis, ECF No. 2, be 28 DENIED. 1 2. Plaintiff pay the full Filing Fee and Administrative Fee within thirty 2 (30) days of any Order adopting this Report and Recommendation. 3 OBJECTIONS 4 Any party may object to a magistrate judge’s proposed findings, 5 recommendations or report within fourteen (14) days following service with a copy 6 thereof. Such party shall file written objections with the Clerk of the Court and 7 serve objections on all parties, specifically identifying any the portions to which 8 objection is being made, and the basis therefor. Any response to the objection 9 shall be filed within fourteen (14) days after receipt of the objection. Federal Rule 10 of Civil Procedure 6(d) adds additional time after certain kinds of service. 11 A district judge will make a de novo determination of those portions 12 objected to and may accept, reject, or modify the magistrate judge’s determination. 13 The judge need not conduct a new hearing or hear arguments and may consider the 14 magistrate judge’s record and make an independent determination thereon. The 15 judge may, but is not required to, accept or consider additional evidence, or may 16 recommit the matter to the magistrate judge with instructions. United States v. 17 Howell, 231 F.3d 615, 621 (9th Cir. 2000); 28 U.S.C. § 636(b)(1)(B) and (C); FED. 18 R. CIV. P. 72(b)(3); LMJR 2(c), Local Magistrate Judge Rules for the Eastern 19 District of Washington. A magistrate judge’s recommendation cannot be appealed 20 to a court of appeals; only the district judge’s order or judgment can be appealed. 21 The Clerk of the Court is directed to file this Report and Recommendation 22 and provide a copy to Plaintiff. 23 DATED January 3, 2020. s/Mary K. Dimke 24 MARY K. DIMKE 25 UNITED STATES MAGISTRATE JUDGE 26 27 28