Reardon v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

DAMON REARDON, Case No. 4:24-cv-00156-BLW

Plaintiff, MEMORANDUM DECISION AND ORDER v.

MARTIN J. O’MALLEY, Commissioner of Social Security,

Defendant.

INTRODUCTION The plaintiff, Damon Reardon, filed an application to proceed in forma pauperis. (Dkt. 3). This matter is before the Court on United State Magistrate Judge Candy W. Dale’s Report and Recommendation. Dkt. 12. The Court will adopt the Report & Recommendation in its entirety and deny Mr. Reardon’s application to proceed in forma pauperis. STANDARD OF REVIEW Under 28 U.S.C. § 636(b)(1)(C), this Court “may accept, reject, or modify, in whole or in part, the findings and recommendations made by the magistrate judge.” Where the parties object to a report and recommendation, this Court “shall make a de novo determination of those portions of the report which objection is made.” Id. Where, however, no objections are filed the district court need not

conduct a de novo review. To the extent that no objections are made, arguments to contrary are waived, and “the Court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Advisory

Committee Notes to Fed. R. Civ. P. 72; see also 28 U.S.C. § 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). DISCUSSION The relevant factual and procedural background are properly articulated in

the Report and Recommendation and are incorporated into this order. Dkt. 12. No objections to the Report and Recommendation were filed. Indeed, Mr. Reardon has already complied with the Magistrate Judge’s Report and Recommendation by paying the filing fee in full.

The Court has reviewed the entire Report and Recommendation and the record in this matter for clear error on the face of the record and finds none. The Magistrate Judge articulated and applied the correct standard of law and this Court

agrees with her analysis and conclusion that Mr. Reardon does not meet the requirements to proceed in forma pauperis. Accordingly, the Court will adopt the Report and Recommendation in its entirety. ORDER IT IS ORDERED that: 1. The Report and Recommendation (Dkt. 12) is ADOPTED IN ITS ENTIRETY as the order of the Court. 2. The Plaintiff's application to proceed in forma pauperis (DKkt. 3) is DENIED.

hk DATED: May 13, 2024 soe] B. Lynn Winmill “ich USS. District Court Judge

MEMORANDUM DECISION AND ORDER - 3