Battiest-Ray v. Asture et al

Filing 3

ORDER Accepting 2 Report and Recommendation and Denying 1 Plaintiff's Motion/Application for Leave to Proceed in forma pauperis. Payment of filing fees due 12/26/2012. Signed by Judge Miranda M. Du on 11/26/2012. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BRIGETTE BATIEST-RAY,

Case No. 2:12-cv-01676-MMD-CWH

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Plaintiff,
Order Adopting Report and
Recommendation (dkt. no. 2)

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v.
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MICHAEL J. ASTRUE, COMMISSIONER
OF SOCIAL SECURITY
ADMINISTRATION,

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Defendant.
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Before the Court for consideration is the Report and Recommendation of the

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Honorable C.W. Hoffman, United States Magistrate Judge, entered September 25, 2012.

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(dkt. no. 2.) The Report and Recommendation denies Plaintiff’s request to proceed in

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forma pauperis, determining that based on her reported yearly income and other assets,

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Plaintiff has sufficient assets to pay the $350.00 filing fee required to commence a civil

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action in this Court. (Id. at 1.) No objections have been filed.

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The Court has conducted a de novo review of the record in this case in

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accordance with 28 U.S.C. § 636(b)(1) and determines that Magistrate Judge Hoffman’s

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Recommendation should be ACCEPTED.

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IT IS THEREFORE ORDERED Plaintiff’s Application to Proceed in Forma

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Pauperis (dkt. no. 1) is DENIED. Plaintiff is required to pay the filing fee of $350.00

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within thirty days from the date of this Order.

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DATED this 26th day of November, 2012.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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