Kuhl v. Commissioner of Social Security

Filing 6

ORDER: Judge Porcelli's Report and Recommendation (Doc. # 4 ) is ACCEPTED and ADOPTED. Plaintiff Jennifer Kuhl's construed motion to proceed in forma pauperis (Doc. # 2 ) is DENIED. Kuhl shall pay the filing fee by April 3, 2017. Failure to do so will result in this action being dismissed without further notice. Signed by Judge Virginia M. Hernandez Covington on 3/21/2017. (DRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JENNIFER KUHL,
Plaintiff,
v.

Case No. 8:17-cv-394-T-33AEP

NANCY A. BERRYHILL, Acting
Commissioner of Social
Security,
Defendant.
______________________________/
ORDER
This matter comes before the Court upon consideration of
United States Magistrate Judge Anthony E. Porcelli’s Report
and Recommendation (Doc. # 4), entered on March 6, 2017. Judge
Porcelli recommends that Plaintiff Jennifer Kuhl’s construed
motion for leave to proceed in forma pauperis be denied and
Kuhl be given until April 3, 2017, to pay the filing fee.
(Id.). The time for filing objections has passed and Kuhl has
not filed any objection to the Report and Recommendation. The
Report and Recommendation is adopted, Kuhl’s construed motion
to proceed in forma pauperis is denied, and Kuhl shall pay
the filing fee by April 3, 2017.

Discussion
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
reject

or

modify

Recommendation.

the

28

magistrate

U.S.C.

§

judge’s

636(b)(1);

Report

and

Williams

v.

Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of
specific objections, there is no requirement that a district
judge review factual findings de novo, Garvey v. Vaughn, 993
F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept,
reject or modify, in whole or in part, the findings and
recommendations.

28 U.S.C. § 636(b)(1)(C). The district

judge reviews legal conclusions de novo, even in the absence
of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d
603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F.
Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th
Cir. 1994) (Table).
The Court has conducted a careful and complete review of
the

findings,

conclusions,

and

recommendations,

and

has

reviewed matters of law de novo. Given that Kuhl’s joint
income exceeds her monthly expenses by well over $1,000, the
Court agrees that she does not meet the requirements to
proceed in forma pauperis.
Accordingly, it is now

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ORDERED, ADJUDGED, and DECREED:
(1)

Judge Porcelli’s Report and Recommendation (Doc. # 4) is
ACCEPTED and ADOPTED.

(2)

Plaintiff Jennifer Kuhl’s construed motion to proceed in
forma pauperis (Doc. # 2) is DENIED.

(3)

Kuhl shall pay the filing fee by April 3, 2017. Failure
to do so will result in this action being dismissed
without further notice.
DONE and ORDERED in Chambers in Tampa, Florida, this

21st day of March, 2017.

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