Cuffe v. Colvin

Filing 4

REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE re 3 Plaintiff's Motion to Dismiss. IT IS HEREBY RECOMMENDED that the District Judge enter an order GRANTING Plaintiff's motion 3 , dismissing this action and closing the case. Objections to R&R due by 11/7/2017. Signed by Magistrate Judge William G. Cobb on 10/24/2017. (Copies have been distributed pursuant to the NEF - HJ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARY ANN CUFFE,

Case No. 3:15-cv-00089-RCJ-WGC
Plaintiff,

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v.

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REPORT & RECOMMENDATION OF
U.S. MAGISTRATE JUDGE

NANCY A. BERRYHILL,
Acting Commissioner of
Social Security Administration,
Defendants.

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This Report and Recommendation is made to the Honorable Robert C. Jones, United

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States District Judge. The action was referred to the undersigned Magistrate Judge pursuant to
28 U.S.C. § 636(b)(1)(B) and the Local Rules of Practice, LR 1B 1-4.
Plaintiff initiated this action by filing an application for leave to proceed in forma

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pauperis and proposed complaint seeking review of the disability benefits determination of the
Social Security Administration. (ECF Nos. 1, 1-2.) The undersigned issued an order denying the
application for leave to proceed in forma pauperis because Plaintiff’s application admitted that
she had funds sufficient to pay the filing fee and was not entitled to in forma pauperis status.
(ECF No. 2.) The court ordered her to pay the filing fee within thirty days or face dismissal of
her case. Instead of paying the filing fee, Plaintiff’s counsel filed a motion to dismiss the action
under Rule 41, noting that Plaintiff had signed a statement requesting to withdraw the complaint.
(ECF No. 3.)
The undersigned recommends that the motion (ECF No. 3) be granted, and that this

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action be dismissed and the case closed.
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RECOMMENDATION
IT IS HEREBY RECOMMENDED that the District Judge enter an order GRANTING
Plaintiff’s motion (ECF No. 3), dismissing this action and closing the case.

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The parties should be aware of the following:

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1. That they may file, pursuant to 28 U.S.C. § 636(b)(1)(C), specific written objections to

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this Report and Recommendation within fourteen days of receipt. These objections should be

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titled "Objections to Magistrate Judge's Report and Recommendation" and should be

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accompanied by points and authorities for consideration by the district judge.

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2. That this Report and Recommendation is not an appealable order and that any notice of

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appeal pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure should not be filed

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until entry of judgment by the district court.

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DATED: October 24, 2017.

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__________________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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