Davis v. Hines

Filing 7

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

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