Davis v. Hines

Filing 7

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 1/26/15. (SAC )

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FILED IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ROBIN DAVIS, ) ) ) ) ) ) ) ) ) Plaintiff, v. RICKEY RENARD HINES, Defendant. 2015 Jan-26 PM 03:32 U.S. DISTRICT COURT N.D. OF ALABAMA Case No.2:14-cv-1503-KOB MEMORANDUM OPINION The magistrate judge filed his report and recommendation on January 5, 2015 (doc. 5), recommending that the court grant the pro se plaintiff’s motion to proceed in forma pauperis (doc. 2); he also recommends dismissing the action for failure to state a claim upon which relief can be granted because the representative payee provisions of the Social Security Act provides no private federal cause of action and because Davis has failed to allege exhaustion of all administrative remedies, providing no final agency determination for this court to review. No party has filed any objections. Having now carefully considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS his recommendation that the court GRANT the motion to proceed in forma pauperis (doc. 2) and DISMISS WITHOUT PREJUDICE this action for failure to state a claim upon which relief can be granted for the reasons explained above. The court will enter an Order in conformity with this Memorandum Opinion. DONE and ORDERED this 26th day of January, 2015. ____________________________________ KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE

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