Reath v. Social Security Administration

Filing 11

ORDER adopting Report and Recommendations re 7 Memorandum and Recommendations; granting 1 Motion for Leave to Proceed in forma pauperis; granting 5 Motion for interim Relief. The court ADOPTS the recommendation of the magistrate judge as its own and hereby DISMISSES plaintiff's claim for money damages for failure to state a claim upon which relief may be granted. The court hereby construes plaintiff's request for review of the Commissioner of Social Security and request for int erim relief as a request for injunctive relief requiring the Commissioner to reinstate her SSI benefits, and this claim is ALLOWED to proceed. Finally, the clerk is directed to refer this matter to the pro bono panel.. Signed by Senior Judge Malcolm J. Howard on 5/21/2018. (Rudd, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No.
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 pauper is
Magistrate

Judge

( IFP)

and proposed complaint.

Kimberly

A.

Swank

entered

United States

an

order

and

a

Memorandum and Recommendation ("M&R") on March 23, 2018, granting
plaintiff's

application

to

proceed

IFP

and

recommending

plaintiff's claims be dismissed in part and permitted to proceed
in part.

Plaintiff filed a document entitled Objections on April

4, 2018.
The court has

carefully reviewed the M&R,

objections,

and

other documents of record. 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 ... ").
28 U.S.C.

§

636(b). Based on its de novo review, the court finds

that

the

recommendation

of Magistrate

Judge

Swank

is,

in

all

respects, in accordance with the law and should be approved.
Accordingly,

the

court

ADOPTS

the

recommendation

of

the

magistrate judge as its own and hereby DISMISSES plaintiff's claim
for money damages for failure to state a claim upon which relief
may be granted.

The court hereby construes plaintiff's request

for review of the Commissioner of Social Security and request for
interim relief as a request for injunctive relief requiring the
Commissioner to

reinstate her SSI

benefits,

and this

claim is

ALLOWED to proceed.
Finally,

the clerk is directed to refer this matter to the

pro bono panel .
This

·Z,;/

.ef
day of May 2018.

s District Judge
At Greenville, NC
#26

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