Gomeringer v. Pack
Filing
13
ORDER RULING ON REPORT AND RECOMMENDATION for 9 . It is ORDEREDthat Plaintiff's Motion for Leave to Proceed in forma pauperis (ECF No. 3) is DENIED, and Plaintiff shall have thirty-one (31) days from the date of this order to pay the $400.00 filing fee Signed by Honorable Timothy M Cain on 3/24/2015. (kric, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
James Edward Gomeringer,
Plaintiff,
vs.
John Pack,
Defendant.
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Civil Action No. 6:15-1048-TMC-KFM
ORDER
Plaintiff, James Edward Gomeringer, filed this action under the Fair Credit Reporting Act
pursuant to 15 U.S.C. § 1681. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule
73.02, D.S.C., this matter was referred to a magistrate judge for pretrial handling. Before the
court is the magistrate judge’s Report and Recommendation (“Report”), recommending that
Plaintiff's motion to proceed in forma pauperis be denied and that Plaintiff be given an
opportunity to pay the full filing fee. (ECF No. 9). Plaintiff was advised of his right to file
objections to the Report. (ECF No. 9 at 4). However, Plaintiff filed no objections to the Report,
and the time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in the
absence of a timely filed objection, a district court need not conduct a de novo review, but
instead must only satisfy itself that there is no clear error on the face of the record in order to
accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th
Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough review of the Report and the record in this case, the court adopts the
Magistrate Judge's Report (ECF No. 9) and incorporates it herein. It is therefore ORDERED
that Plaintiff's Motion for Leave to Proceed in forma pauperis (ECF No. 3) is DENIED, and
Plaintiff shall have thirty-one (31) days from the date of this order to pay the $400.00 filing fee.
IT IS SO ORDERED.
s/Timothy M. Cain
Timothy M. Cain
United States District Judge
March 24, 2015
Anderson, South Carolina
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4
of the Federal Rules of Appellate Procedure.
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