Behmlander V. Social Security, Commissioner of

Filing 6

ORDER Adopting 5 Report and Recommendation and Denying Application to Proceed In Forma Pauperis. Set Deadlines: (Filing fee due by 11/26/2012) Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
LEONA BEHMLANDER,
Plaintiff,
v.

Case Number 12-14424
Honorable Thomas L. Ludington

COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION AND
DENYING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS
This matter is before the Court on the report and recommendation (ECF No. 5) issued by
Magistrate Judge Charles E. Binder on October 16, 2012, on Plaintiff’s motion to proceed in
forma pauperis (ECF No. 4). Judge Binder recommends that the Court deny Plaintiff’s motion
as Plaintiff indicates that her monthly income is $2,500 and that she has no dependents.
Accepting Plaintiff’s figure as accurate, her monthly income is more than 250 percent above the
federal poverty level for a single person household ($930.83 per month).
Any party may serve and file written objections “[w]ithin fourteen days after being
served with a copy” of the report and recommendations. 28 U.S.C. § 636(b)(1). The district
court will make a “de novo determination of those portions of the report . . . to which objection is
made.” Id. The Court is not obligated to review the portions of the report to which no objection
was made. Thomas v. Arn, 474 U.S. 140, 149–52 (1985). As of today’s date, no party has filed
any objections to Judge Binder’s report and recommendation. The filing fee has not been paid.
Accordingly, it is ORDERED that Judge Binder’s report and recommendation (ECF No.
5) is ADOPTED.

It is further ORDERED that Plaintiff’s request to proceed in forma pauperis (ECF No. 4)
is DENIED.
It is further ORDERED that Plaintiff must pay the required filing fee before the close of
business on Monday, November 26, 2012, or the case will be dismissed.

Dated: November 8, 2012
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on November 8, 2012.
s/Tracy A. Jacobs
TRACY A. JACOBS

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