Overstreet v. Colvin

Filing 3

ORDER and MEMORANDUM AND RECOMMENDATION regarding 1 MOTION for Leave to Proceed in forma pauperis and Proposed Complaint filed by James K. Overstreet -Based on the information in the motion to proceed in forma pauperis, the court finds that pla intiff has adequately demonstrated his inability to prepay the required court costs. His motion to proceed in forma pauperis is therefore ALLOWED. However, IT IS RECOMMENDED that this action be DISMISSED for the reasons set forth more specifically in the attached Memorandum and Recommendation. Objections due by 1/27/2014. Signed by Magistrate Judge James E. Gates on 01/09/2014. (Baker, C.) (Additional attachment(s) added on 1/10/2014: # 1 Notice) (Baker, C.).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
CASE NO. 4:13-CV-261-FL
JAMES K. OVERSTREET,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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NOTICE

Attached to this notice is a memorandum and recommendation of a United States Magistrate
Judge in this action that has been entered on the records of this court pursuant to 28 U.S.C.
§636(b)(1)(c), Fed.R.Civ.P. 72(b)(2)-(3), and Local Civil Rule 72.4(b), EDNC. Rule 72(b) provides
as follows:
(2) Objections. Within 14 days after being served with a copy of the recommended
disposition, a party may serve and file specific, written objections to the proposed
findings and recommendations. A party may respond to another party's objections
within 14 days after being served with a copy. Unless the district judge orders
otherwise, the objecting party must promptly arrange for transcribing the record, or
whatever portions of it the parties agree to or the magistrate judge considers
sufficient.
(3) Resolving Objections. The district judge must determine de novo any part of the
magistrate judge's disposition that has been properly objected to. The district judge
may accept, reject, or modify the recommended decision; receive further evidence;
or return the matter to the magistrate judge with instructions.
You are hereby notified that unless written objections are timely filed in accordance with this
rule, you will have waived the right to further consideration of these issues by the district judge, and
an appropriate order based on the memorandum and recommendation will be entered. Furthermore,
failure to file timely objections to the findings and recommendation set forth by the magistrate judge

may result in a waiver of the right to appeal from a judgment of this court based on such findings and
recommendations. See Wright v. Collins, 766 F.2d 841 (4th Cir. 1985).
Date Filed:
01/09/2014
/s/ JULIE A. RICHARDS
CLERK OF COURT