Rogers v. Colvin

Filing 9

ORDER: the court adopts the M&R. Plaintiff's Application to Proceed without Prepayment of Fees is hereby DENIED. Plaintiff may tender to the clerk the filing fee of $400.00 no later than November 7, 2016. Counsel should read the order in its entirety for additional information. Signed by Chief Judge James C. Dever III on 10/24/2016. (Jenkins, C.)

IN THE UNITED STATES DISTRICT COURT :
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHER DMSION
No. 7:16-CV-329-D

TERESA COLE ROGERS,
Plaintiff,

v.

)
)
)
)

)

ORDER

)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security, )
)
Defendant. )

On October 3, 2016, Magistrate Judge Swank issued a Memorandum and Recommendation
("M&R") [D.E. 8]. In the M&R, Judge Swank recommended that plaintiff's application to proceed
informa pauperis [D.E. 4] be denied. No objections were filed.
"The Federal Magistrates Act requires a district court to make a de novo determination of
those portions of the magistrate judge's report or specified proposed findings or recommendations
to which objection is made." Diamond v. Colonial Life & Accident Ins. Co., 416 F .3d 310, 315 (4th
Cir. 2005) (alteration, emphasis, and quotation omitted); see 28 U.S.C. § 636(b). Absent a timely
objection, "a district court need not conduct a de novo review, but instead must only satisfy itselfthat
there is no clear error on the face of the record in order to accept the recommendation." Diamond,
416 F.3d at 315 (quotation omitted).
The court has reviewed the M&R and the record. The court is satisfied that there is no clear
error on the face of the record. Accordingly, the court adopts the M&R. Plaintiff's Application to
Proceed without Prepayment ofFees is hereby DENIED. Plaintiff may tender to the clerk the filing
fee of$400.00 no later than November 7, 2016._ If the plaintiff fails to pay the filing fee in the
allotted time, the clerk shall close the matter without further order from the court.

SO ORDERED. This .2A:: day of October 2016.

2