Nelson v. Saul

Filing 8

ORDER OF DIMISSAL WITHOUT PREJUDICE; adopting in part ECF No. 6 Report and Recommendation. The Complaint in this matter is dismissed without prejudice for failure to timely pay the filing fee or submit a completed Application to Proceed In Forma Pauperis. File Closed. Signed by Judge Rosanna Malouf Peterson. (TR, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Sep 18, 2020

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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LISA MARIE N.,
Plaintiff,

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v.

ORDER OF DISMISSAL WITHOUT
PREJUDICE

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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NO: 2:20-CV-253-RMP

BEFORE THE COURT is a Report and Recommendation, ECF No. 6, from

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United States Magistrate Judge John T. Rodgers recommending that Plaintiff’s

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Complaint seeking judicial review of the Commissioner of Social Security’s

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decision be dismissed without prejudice and that Plaintiff be required to provide

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notice of the dismissal to any Defendants she served with a copy of the Complaint

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and Summons.

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On July 20, 2020, Judge Rodgers denied with leave to renew Plaintiff’s

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application for in forma pauperis status in this matter on the basis that Plaintiff had

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ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 1

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not provided information regarding how Plaintiff provides for basic needs such as

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food and utilities. ECF No. 5. Judge Rodgers’ Order directed Plaintiff to render the

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full filing fee or submit a properly completed Application to Proceed In Forma

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Pauperis. Plaintiff did neither. Judge Rodgers then issued his Report and

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Recommendation for dismissal on August 20, 2020. ECF No. 6. Plaintiff did not

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timely object to the Report and Recommendation, nor pay the filing fee, nor file a

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completed Application to Proceed In Forma Pauperis.

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After reviewing the Report and Recommendation and relevant authorities,
the Court finds that the Magistrate Judge’s findings are correct. However, the

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Court declines to incorporate Judge Rodgers’ recommendation that Plaintiff notify

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Defendants of the dismissal because the United States Attorney’s Office will

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receive notification of the dismissal at the contact information entered on the

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docket in this matter. Therefore, the Court adopts the Report and

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Recommendation in part and HEREBY ORDERS:

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1.

The Report and Recommendation, ECF No. 6, is ADOPTED IN

PART as outlined above.
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The Complaint in this matter is dismissed without prejudice for

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failure to timely pay the filing fee or submit a completed Application to Proceed In

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Forma Pauperis.

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ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 2

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IT IS SO ORDERED. The District Court Clerk is directed to enter this
Order, provide copies to counsel, and close the file.
DATED September 18, 2020.
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 3