Cunningham v. Berryhill

Filing 7

ORDER denying 5 Motion for Leave to Proceed in forma pauperis; adopting Report and Recommendations re 6 Memorandum and Recommendations; denying 1 Motion for Leave to Proceed in forma pauperis. Plaintiff is DIRECTED to tender to the clerk on or before August 10, 2017, the filing fee of $400.00, or to file a revised application to proceed in forma pauperis, on correct form, evidencing inability to pay the filing fee. In the event plaintiff fails to do so, the clerk is DIRECTED to close this case for failure to pay the requisite filing fee. Signed by District Judge Louise Wood Flanagan on 8/4/2017. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:17-CV-301-FL

SHAWN CUNNINGHAM
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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ORDER

This matter is before the court on the Memorandum and Recommendation (“M&R”) of
United States Magistrate Judge Kimberly A. Swank, regarding plaintiff’s application to proceed in
forma pauperis. No objections to the M&R have been filed, and the time within which to make any
objection has expired. This matter is ripe for ruling.
Upon careful review of the M&R and of the record generally, having found no clear error,
the court hereby ADOPTS the recommendation of the magistrate judge as its own, and, for the
reasons stated therein, plaintiff’s application is DENIED. Plaintiff is DIRECTED to tender to the
clerk on or before August 10, 2017, the filing fee of $400.00, or to file a revised application to
proceed in forma pauperis, on correct form, evidencing inability to pay the filing fee. In the event
plaintiff fails to do so, the clerk is DIRECTED to close this case for failure to pay the requisite filing
fee.
SO ORDERED this the 4th day of August, 2017.
______________________________
LOUISE W. FLANAGAN
United States District Judge