Royal v. Kijakazi

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Motion #2 DENIED. The Plaintiff shall have thirty (30) days from the date of this Order to pay the filing fee. Signed by District Judge Sharion Aycock on 5/10/2022. (ajs)

Case: 1:22-cv-00055-SA-DAS Doc #: 4 Filed: 05/10/22 1 of 2 PageID #: 12

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
APRIL ROYAL

PLAINTIFF

V.

CIVIL ACTION NO. 1:22-CV-55-SA-DAS

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
On March 25, 2022, the Plaintiff filed a Complaint [1] appealing the Commissioner of
Social Security’s decision to deny her application for Social Security Disability benefits. The
Plaintiff filed her Motion [2] to Proceed in forma pauperis that same day. The Magistrate Judge
assigned to this case entered a Report and Recommendation [3] on March 31, 2022 in which he
found that “[w]hile this family has a modest income the plaintiff is capable to [sic] paying court
costs in this action, though she may require some additional time.” [3] at p. 2. As such, the
Magistrate Judge recommended that “the motion for leave to proceed in forma pauperis be denied,
but that the plaintiff be granted some additional time in which to pay the filing fee.” Id. The
Magistrate Judge further noted that the Plaintiff had fourteen (14) days from the date of the Report
and Recommendation [3] to file any objections to the same. The Plaintiff has not filed any
objections, and the time to do so has passed.
When a party files an objection to a Report and Recommendation, a court must then
conduct a de novo review of the sections of the Report to which the party objects. Davis v. Turner,
2018 WL 6172521 at *1 (N.D. Miss. Nov. 26, 2018) (quoting Gauthier v. Union Pac. R.R. Co.,
644 F.Supp.2d 824, 828 (E.D. Tex. 2009) (internal citation omitted)). “With respect to those
portions of the report and recommendation to which no objections were raised, the Court need

Case: 1:22-cv-00055-SA-DAS Doc #: 4 Filed: 05/10/22 2 of 2 PageID #: 13

only satisfy itself that there is no plain error on the face of the record.” Id. (quoting Gauthier, 644
F.Supp.2d at 828 (internal citation omitted)).
Seeing as the Plaintiff did not file an objection in the allotted time to do so, the Court need
only conduct a plain error review. Having reviewed the Report [3] and the filings in this case, the
Court has found no plain error. As such, the Court ADOPTS IN FULL the Report and
Recommendation [3]. The Plaintiff shall have thirty (30) days from the date of this Order to pay
the filing fee. Failure to comply with this Order will lead to dismissal of this case without further
notice.
SO ORDERED, this the 10th day of May, 2022.

/s/ Sharion Aycock
UNITED STATES DISTRICT JUDGE

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