Kimball v. Commissioner of Social Security

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATION 3 , denying 2 plaintiff's motion to proceed 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. Signed by Honorable Vicki Miles-LaGrange on 3/6/2018. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TERANCE LEE KIMBALL,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of
Social Security Administration,
Defendant.

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Case No. CIV-18-112-BMJ

ORDER
On February 9, 2018, United States Magistrate Judge Bernard M. Jones issued a Report
and Recommendation in this action. The Magistrate Judge recommended that plaintiff’s motion
to proceed without prepaying fees or costs be denied and that if plaintiff does not pay the $400.00
filing fee in full to the Clerk of the Court within twenty-one (21) days of any order adopting the
Report and Recommendation, that this action be dismissed without prejudice to refiling. Plaintiff
was advised of his right to object to the Report and Recommendation by March 2, 2018. A review
of the file reveals no objection has been filed.
Having carefully reviewed this matter de novo, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 3] issued by the Magistrate
Judge on February 9, 2018;

(2)

DENIES plaintiff’s motion to proceed without prepaying fees or costs [docket no.
2]; and

(3)

ORDERS 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.

IT IS SO ORDERED this 6th day of March, 2018.