Guyton v. Commissioner of Social Security Administration

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATION 3 , denying 2 and 4 plaintiff's application to proceed in district court without prepaying fees or costs, and ordering plaintiff to pay the entire $400.00 filing fee within twenty-one (21) days of the date of this Order. The Court would further advise plaintiff that if the entire filing fee is not paid by the above deadline, this action will be dismissed without prejudice (as more fully set out). Signed by Honorable Vicki Miles-LaGrange on 2/7/2018. (ks)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ANNOTRA GUYTON,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,
Defendant.

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) Case No. CIV-17-1383-BMJ
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ORDER

On January 2, 2018, United Magistrate Judge Bernard M. Jones issued a
Report and Recommendation in this action in which Plaintiff applied to proceed in
District Court without prepaying fees or costs. The Magistrate Judge determined
Plaintiff had the ability to pay the $400.00 civil case filing fee as Plaintiff asserted
she receives $1300.00 per month in disability or workers compensation payments
with no monthly expenses. The Magistrate Judge recommended Plaintiff’s
Application to Proceed in District Court without Prepaying Fees or Costs [Docket
no. 2] be denied and if Plaintiff does not pay the filing fee in full within twenty-one
days of any order adopting the Report and Recommendation, that this action be
dismissed without prejudice to refiling. Plaintiff was advised of her right to object
to the Report and Recommendation.

On January 12, 2018, Plaintiff filed an objection to the Report and
Recommendation in the form of another Application to Proceed in District Court
without Prepaying Fees or Costs. [Docket no. 4]. In this Application, Plaintiff states
she does not have any disability or workers compensation income. The Court finds
the information Plaintiff provided the Magistrate Judge in the first Application is the
true and correct information.
Accordingly, upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [Docket no. 3] issued by
the Magistrate Judge on January 2, 2018;

(2)

DENIES Plaintiff’s Application to Proceed in District Court without
Prepaying Fees or Costs [Docket no. 2] and [Docket no. 4]; and

(3)

ORDERS plaintiff to pay the entire $400.00 filing fee within twentyone (21) days of the date of this Order. The Court would further advise
plaintiff that if the entire filing fee is not paid by the above deadline,
this action will be dismissed without prejudice.

IT IS SO ORDERED this 7th day of February, 2018.