Roberson v. Commissioner of Social Security

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION PAULA ROBERSON, ) ) Plaintiff, ) Civil Action No. 3:19-CV-813-CHB-CHL ) v. ) ) ORDER ADOPTING REPORT AND COMMISSIONER OF SOCIAL ) RECOMMENDATION SECURITY, ) ) Defendant. *** *** *** *** This matter is before the Court on Magistrate Judge Colin H. Lindsay’s Report and Recommendation (“Recommendation”) [R. 7] on Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs (“Motion to Proceed In Forma Pauperis”) [R. 3]. In his Recommendation, Magistrate Judge Lindsay recommended denying Plaintiff’s motion without prejudice to refile in the event that Plaintiff inadvertently omitted any significant re-occurring monthly expenses. [R. 7 p. 3] Generally, this Court must make a de novo determination of those portions of the Report and Recommendation to which objections are made. 28 U.S.C. § 636(b)(1). When no objections are made, this Court is not required to “review . . . a magistrate’s factual or legal conclusions, under a de novo or any other standard . . . .” Thomas v. Arn, 474 U.S. 140, 151 (1985). Parties who fail to object to a magistrate judge’s report and recommendation are also barred from appealing a district court’s order adopting that report and recommendation. United States v. White, 874 F.3d 490, 495 (6th Cir. 2017); United States v. Walters, 638 F.2d 947, 949– (6th Cir. 1981).

Magistrate Judge Lindsay issued his Recommendation on December 12, 2019, and it was entered December 16, 2019. [R. 7] A party wishing to object to a Magistrate Judge’s recommendation must do so within fourteen days after being served a copy of the recommendation. Fed. R. Civ. P. 72. More than fourteen days have passed, and no objections have been filed. Accordingly, and the Court being otherwise sufficiently advised, IT IS HEREBY ORDERED as follows: 1. The Magistrate Judge’s Recommendation [R. 7] is ADOPTED as the opinion of this Court.

2. Plaintiffs Motion to Proceed In Forma Pauperis [R. 3] is DENIED without prejudice. Plaintiff may re-file if she inadvertently omitted any significant re- occurring monthly expenses.

This the 6th day of January, 2020.

G Conte Heurieoond i Be aes a arb COURT JUDGE Qe’ EASTERN AND WESTERN DISTRICTS OF “SaaS KENTUCKY ce: Counsel of record -2-