Sawasky v. Internal Revenue Service

Filing 12

ORDER RULING ON REPORT AND RECOMMENDATION adopting 7 Report and Recommendation of Magistrate Judge Shiva V Hodges denying 3 Motion for Leave to Proceed in forma pauperis filed by Patricia M Sawasky. The Plaintiff is given 14 days from the date of this order to pay to the Clerk the $400 filing fee. Signed by Honorable Richard M Gergel on 1/16/2015. (sshe, ) Modified on 1/16/2015 to edit docket text for typo(sshe, ).

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Patricia M. Sawasky,
Plaintiff,
vs.
Internal Revenue Service and Ms.
Gill (#1680944),
Defendants.

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Civil Action No. 8:14-4673-RMG

ORDER

This matter comes before the Court on the recommendation of the Magistrate Judge that
the motion of Plaintiff to be allowed to proceed in District Court without paying fees or costs be
denied. (Dkt. No.7). Plaintiff was advised that she had 14 dates from the issuance of the
Magistrate Judge's Report and Recommendation ("R & R") to file specific written objections to
the R & R, and a failure to file timely written objections would result in limited review by the
District Court and waiver of the right to appeal the District Court's decision. (Dkt. No.7 at 5).
Plaintiff filed no written objection to the R & R.
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight, and the responsibility 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 and Recommendation to which specific objection is
made. The Court may accept, reject, or modify, in whole or in part, the recommendation of the
Magistrate Judge. 28 U.S.C. § 636(b)(1).
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Having fully consider the R & R, the record, and the relevant legal standards, the Court
finds that the Magistrate Judge ably and accurately set forth the legal and factual issues in this
matter and correctly concluded that the Plaintiffs motion to proceed without payment of fees and
costs should be denied. Therefore, the Court adopts the R & R as the order of this Court and
denies Plaintiffs motion to proceed without payment of fees and costs. The Plaintiffis given 14
days from the date of this order to pay to the Clerk the $400 filing fee.
AND IT IS SO ORDERED.

January &, 2015
Charleston, South Carolina

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