Reath v. Social Security Administration

Filing 8

ORDER adopting Report and Recommendations 6 . The court ADOPTS the recommendation of the magistrate judge as its own and hereby DISMISSES plaintiff's clams for lack of subject matter jurisdiction, or alternatively, for failure to state a clam upon which relief may be granted. Signed by Senior Judge Malcolm J. Howard on 4/14/2016. (Rudd, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESETERN DIVISION
No.

5:15-CV-53-H

KIMBERLY A REATH
Plaintiff,

v.

ORDER

SOCIAL SECURITY
ADMINISTRATION,
Defendant.
This

matter

is

before

the

court

on

frivolity

review.

Plaintiff initiated this action by filing an application to proceed
in forma pauperis

(IFP)

and proposed complaint.

United States

Magistrate Judge Kimberly A. Swank entered an order on August 10,
2015,

granting plaintiff's motion to proceed IFP and directing

plaintiff to particularize her complaint.

Plaintiff filed a timely

particularized complaint on September 1, 2015, however, it did not
contain the information requested in the August 10, 2015, order.
Judge Swank then filed a Memorandum and Recommendation

("M&R")

recommending plaintiff's claims against defendant be dismissed for
lack of subject matter jurisdiction, or alternatively, failure to
state a claim.

Defendant filed timely objections to the M&R on

April 1, 2015.
The court has

carefully reviewed the M&R,

other documents of record.

objections,

Based on its de novo review,

and

see 28

U.S.C. § 636(b)

(After conducting a de novo review, the district

judge may "accept,

reject,

or modify,

in whole or in part,

the

findings or recommendations made by the magistrate judge ... "), the
court finds that the recommendation of Magistrate Judge Swank is,
in all respects, in accordance with the law and should be approved.
Plaintiff's objections fail to show this court has jurisdiction
over any attempted claims or that plaintiff states a claim upon
which relief may be granted.
Accordingly,

the

court

ADOPTS

the

recommendation

of

the

magistrate judge as its own and hereby DISMISSES plaintiff's claims
for

lack of subject matter jurisdiction,

or alternatively,

failure to state a claim upon which relief may be granted.

This

ft ~ay of
Senior United States District Judge

At Greenville, NC
#26

2

for