Creech v. Kijakazi

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:20-cv-00435-M TONY CREECH, ) ) Plaintiff, +) ) V. ) ORDER ) ANDREW SAUL, Commissioner of ) Social Security, ) ) Defendant. ) On August 13, 2020, Magistrate Judge Jones issued a memorandum and recommendation (the “M&R”). [DE-4] In the M&R, Judge Jones recommended that the court deny Plaintiff Tony Creech’s motion for leave to proceed in forma pauperis. [DE-1] The deadline for Plaintiff to object to the M&R has passed, and Plaintiff has not filed any objections.

The Fourth Circuit has said: The Federal Magistrates Act requires a district court to make a de novo determination of those portions of the magistrate judge’s report or specified proposed findings or recommendations to which objection is made. By contrast, 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 & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (internal quotation marks, brackets, emphases, and citations omitted); see 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72.

The court has reviewed the M&R and the record and is satisfied that there is no clear error reflected on the face thereof. Accordingly, the court ADOPTS the M&R and DENIES Plaintiff's motion, and DIRECTS Plaintiff to tender the $400 filing and administrative fee to the clerk.

SO ORDERED this the ad day of Xt. , 2020.

, dy} (Vis a RICHARD E. MYERS II UNITED STATES DISTRICT JUDGE