Marshall v. Social Security Administration Commissioner

Filing 5

REPORT AND RECOMMENDATIONS re 2 MOTION for Leave to Proceed in forma pauperis filed by Jessica N. Marshall. Objections to R&R due by 8/17/2009. Signed by Honorable James R. Marschewski on July 31, 2009. (lw)

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THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION JESSICA N. MARSHALL v. CIVIL NO. 09-3053 PLAINTIFF MICHAEL J. ASTRUE, Commissioner SO C IA L SECURITY ADMINISTRATION DEFENDANT MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION On July 10, 2009, plaintiff submitted a complaint for filing in this district, together with a motion to proceed in forma pauperis (IFP). Plaintiff failed to provide a signed affidavit or application detailing her assets and financial means along with her motion. By Order dated July 23, 2009, this court directed plaintiff to furnish the court with a completed application or pay the filing fee by July 30, 2009. Plaintiff failed to file the requested information with the court or to pay the filing fee. Based on the above, we recommend plaintiff's case be dismissed. The parties have ten days from receipt of our 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. DATED this 31st day of July, 2009. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE AO 7 2 A ( R e v . 8/82)

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