Gallman v. Commissioner of Social Security Administration

IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Natasha Nicole Gallman, ) ) Plaintiff, ) ) Civil Action No. 1:22-2838-RMG v. ) ) Kilolo Kijakazi, Acting Commissioner ) of Social Security, ) ORDER ) Defendant. ) ____________________________________) Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of the final decision of the Commissioner of Social Security denying her claim for Social Security disability. The matter comes before the Court on a Report and Recommendation (“R & R”) of the Magistrate Judge recommending that Plaintiff’s request that she be excused from paying the $400 filing fee as an indigent be denied. (Dkt. No. 6). Plaintiff has filed no objection to the R & R. The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with the Court. See Mathews v. Weber, 423 U.S. 261 (1976). The Court is charged with making a de novo determination of those portions of the R & R to which specific objection is made. The Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge. See 28 U.S.C. § 636(b)(1).

The Court has reviewed the well documented and reasoned R & R of the Magistrate Judge, which concludes that Plaintiff has sufficient assets and income to satisfy the filing fee in -1- this case and would not be rendered destitute by paying the Court’s filing fee. Consequently, the Court adopts the R & R of the Magistrate Judge (Dkt. No. 6) as the order of the Court.

Plaintiff’s application to be treated as an indigent is DENIED.

AND IT IS SO ORDERED.

S/ Richard Mark Gergel Richard Mark Gergel United States District Judge October 3, 2022 Charleston, South Carolina

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