Abbott v. Commissioner of the Social Security Administration

Filing 14

ORDER denying 3 Motion for Leave to Proceed in forma pauperis, AND granting 9 Report and Recommendations. Signed by Honorable Joseph F Anderson, Jr on 10/20/2010.(gnan )

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IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA ) ) Plaintiff, ) v. ) ) Commissioner of Social Security, ) ) D e f e n d a n t. ) ______________________________________ ) D a v id Field Abbott, C /A No. 4:10-2253-JFA-TER ORDER T h e plaintiff, David Field Abbott, has brought an action pursuant to 42 U.S.C. 4 0 5 (g ) to obtain judicial review of a final decision of the Commissioner of Social Security. H e has also motioned the court to proceed in forma pauperis or without payment of the c o u rt's $350 filing fee. T h e Magistrate Judge assigned to this action 1 has prepared a Report and R e c o m m e n d a tio n wherein he suggests that the motion should be denied because plaintiff c a n n o t establish that he is financially unable to pay the filing fee or that he is impoverished. T h e Magistrate Judge provides a detailed discussion of the plaintiff's application to proceed in forma pauperis, the answers provided by the plaintiff to the court's special interrogatories, a n d the standards of law which this court incorporates without a recitation. T h e plaintiff was advised of his right to submit objections to the Report and R e c o m m e n d a tio n which was filed on September 17, 2010. However, as of the date of this The Magistrate Judge's review is made in accordance with 28 U.S.C. 636(b)(1)(B) and Local Civil Rule 73.02. The M a g i s tr a te Judge makes only a recommendation to this court. The recommendation has no presumptive weight, and the r e s p o n s i b i l it y to make a final determination remains with the court. Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of those portions of the Report to which specific objection is made and t h e court may accept, reject, or modify, in whole or in part, the recommendation of the M a g i s t r a t e Judge, or recommit th e matter to the Magistrate Judge with instructions. 28 U.S.C. 636(b)(1). 1 1 o r d e r , plaintiff has failed to file timely objections. A fte r a careful review of the record and the Report and Recommendation, the court f in d s that the Magistrate Judge's conclusions are proper and are hereby incorporated herein b y reference. Accordingly, the plaintiff's motion to proceed in forma pauperis is denied. P la in tif f shall have thirty (30) days from the date of this order to pay the filing fee or th is action will be dismissed for lack of prosecution. IT IS SO ORDERED. O ctob er 20, 2010 C o lu m b ia , South Carolina J o s e p h F. Anderson, Jr. U n ite d States District Judge 2

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