Barnhart v. Commissioner of Social Security

Filing 7

ORDER Denying as Moot Plaintiff's 3 Application to Proceed Without Prepaying Fees or Costs. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL MARTIN BARNHART,
Plaintiff,

Case No. 18-cv-11753
Hon. Matthew F. Leitman

v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
_________________________________/
ORDER DENYING AS MOOT PLAINTIFF’S APPLICATION TO
PROCEED WITHOUT PREPAYING FEES OR COSTS (ECF #2)
In this action, Plaintiff Michael Martin Barnhart (“Plaintiff”) challenges the
denial of his applications for disability insurance and supplemental security income
benefits. (See Compl., ECF #1.) On June 4, 2018, Plaintiff filed an application to
proceed without prepaying fees or costs. (See Application, ECF #2.) This case has
been referred to the Magistrate Judge, and the Magistrate Judge issued a report and
recommendation in which she recommended that the Court deny Plaintiff’s
application (the “R&R”). (See ECF #4.) Rather than file timely objections to the
R&R,1 Plaintiff paid the filing fee in this matter. Accordingly, Plaintiff’s request to
proceed without prepaying fees or costs is moot.

1

The Court notes that the failure to file objections to an R&R waives any further
right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th
1

IT IS HEREBY ORDERED THAT Plaintiff’s application to proceed
without prepaying costs or fees is DENIED AS MOOT.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: July 25, 2018

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on July 25, 2018, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

Cir. 1991); Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th
Cir. 1987).
2