Gipson v. Social Security Administration Commissioner

Filing 6

REPORT AND RECOMMENDATIONS re 2 MOTION for Leave to Proceed in forma pauperis MOTION for Service filed by Greg Gipson. Objections to R&R due by 12/27/2012. Signed by Honorable James R. Marschewski on December 10, 2012. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
GREG GIPSON
v.

PLAINTIFF
Civil No. 2:12-cv-02275-PKH-JRM

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On November 8, 2012, Plaintiff submitted a complaint for filing in this district, together
with a request for leave to proceed in forma pauperis (“IFP”). ECF Nos. 1, 2. Subsequently, an
order was issued directing Plaintiff to submit an amended IFP application by December 3, 2012.
ECF No. 5. As of this date, Plaintiff has failed to comply with the court’s order, nor has he
requested additional time to submit his amended IFP application. As such, the undersigned
recommends that Plaintiff’s IFP motion be denied.
Accordingly, the undersigned recommends that Plaintiff’s IFP motion be denied and he
be ordered to tender the filing fee of $350.00. The parties have fourteen days from receipt
of this Report and Recommendation in which to file written objections pursuant to 28
U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right
to appeal questions of fact. The parties are reminded that objections must be both timely
and specific to trigger de novo review by the district court.
ENTERED this 10th day of December 2012.

/s/ J. Marschewski
HONORABLE JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE

-1-

AO72A
(Rev. 8/82)