NABAYA v. COMMISSIONER OF SOCIAL SECURITY et al

Filing 13

ORDER adopting Report and Recommendations re 10 Report and Recommendations; denying as moot 2 Motion for Leave to Proceed in forma pauperis. This action is dismissed. Signed by District Judge Robert E. Payne on 02/14/2017. Copy mailed to plaintiff. (tjoh, )

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:i -J IIIi I . FEB I 4 2017 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CLERK. U S C SHAPAT AHDAWAN NABAYA, Plaintiff, Civil Action No. V. COMMISSIONER OF SECURITY, ^ 3:14cv257 SOCIAL al., Defendants. ORDER This matter RECOMMENDATION PROCEED No. (ECF By ORDER stayed the before No. IN DISTRICT 2) . Court is the 10) on the COURT WITHOUT (ECF No. 12) APPLICATION WITHOUT PREPAYING FEES OR COSTS Court on pending PREPAYING a PROCEED FEES (ECF No. 2) IN AND APPLICATION OR entered on June TO REPORT 6, COSTS (ECF 2014, DISTRICT TO the COURT pending resolution of the plaintiff's Judicial Complaint and Petition of a Writ of Mandamus against the undersigned pending Court of Appeals for the Fourth Circuit in the United States ("Fourth Circuit"). It appearing that the Fourth Circuit entered a MEMORANDUM AND ORDER on July 1, 2014 dismissing the plaintiff's Judicial Complaint and a Petition of Writ of Mandamus, this matter is now ready for review. Having reviewed APPLICATION TO OR COSTS being filing PROCEED (ECF No. no the timely 2) AND RECOMMENDATION IN DISTRICT COURT WITHOUT entered herein on May 18, filed objections REPORT objections having thereto, expired, and therein, the PREPAYING FEES 2014, and having record and the REPORT AND RECOMMENDATION and on and there the time for considered the finding no error it is hereby ORDERED that the REPORT AND RECOMMENDATION of the Magistrate Judge (ECF No. 10) is adopted on the basis of the reasoning of the REPORT AND RECOMMENDATION. It DISTRICT is further COURT ORDERED WITHOUT that PREPAYING the APPLICATION FEES OR COSTS TO (ECF PROCEED No. 2) IN is denied and this action i s dismissed. The Clerk is directed to send a copy of this Order to the plaintiff. It is so ORDERED. /S/ Robert E. Payne Senior United States District Judge Richmond, Virginia Date: February , 2017

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