Matthews v. Commissioner, Social Security Administration
Matthews v. Commissioner, Social Security Administration
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00484 Era Matthews, Plaintiff, V. Commissioner, Social Security Administration, Defendant. Before BARKER, District Judge ORDER On October 29, 2019, United States Magistrate Judge K. Nicole Mitchell ordered the plaintiff to either pay the filing fee or submit an application to proceed in forma pauperis within five business days. Doc. 3. The plaintiff missed that deadline. On November 6, 2019, Judge Mitchell issued a re- port and recommendation recommending that the complaint be dismissed without prejudice for failure to prosecute. Doc. 4. No objections have been filed. When no party objects to a magistrate judge’s report and recommendation within 14 days of service, the district court “need only satisfy itself that there is no clear error on the face of the record.” Douglass v. United Servs. Auto. Ass'n,
79 F.3d 1415, 1420(5th Cir. 1996) (en banc) (cleaned up). Here, there is no clear error. Therefore, the court adopts the magistrate judge’s report and recommendation (Doc. 4). This action is dismissed with- out prejudice for failure to prosecute. Fed. R. Civ. P. 41(b). The court denies the plaintiffs untimely motion to proceed in forma pauperis (Doc. 5). Any other motion not previously ruled on is denied as moot.
So ordered by the court on January 3, 2020.
J/CAMPBELL BARKER United States District Judge
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Reference
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