Shimanek v. Commissioner of the Social Security Administration

United States District Court, Oklahoma Western

Shimanek v. Commissioner of the Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

DENA ASPEN, ) ) Plaintiff, ) ) vs. ) NO. CIV-20-0417-STE ) COMMISSIONER OF SOCIAL ) SECURITY ADMINISTRATION, ) ) Defendant. )

ORDER

In this action, plaintiff seeks judicial review of the final decision of defendant Commissioner of Social Security Administration. On May 8, 2020, U.S. Magistrate Judge Shon T. Erwin issued a Report and Recommendation recommending the denial of plaintiff’s Application to Proceed in District Court without Prepaying Fees or Costs and the dismissal without prejudice of this action unless plaintiff pays the full $400 filing fee within twenty-one days from the date of any order adopting the Report and Recommendation. Plaintiff was advised of her right to object to the Report and Recommendation by May 26, 2020. Plaintiff did not object to the Report and Recommendation. Therefore, plaintiff has waived her right to appellate review of the factual and legal issues it addressed. See Cassanova v. Ulibarri,

595 F.3d 1120, 1123

(10th Cir. 2010). Accordingly, the court ADOPTS Magistrate Judge Erwin’s Report and Recommendation [Doc. #3], DENIES plaintiff’s Application to Proceed in District Court without Prepaying Fees or Costs [Doc. #2], and ORDERS plaintiff to pay the full $400 filing fee within twenty-one (21) days of the date of this Order. Plaintiff is advised that if she does not pay the full $400 filing fee within twenty-one days of the date of this Order, this action will be dismissed without prejudice. IT ISSO ORDERED. Dated this 28" day of May, 2020.

ht Lhe JO ATON STATES DISTRICT JUDGE

Reference

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