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Perez v. Commissioner of Social Security, 6:20-cv-100-Orl-37GJK. (2020)

Court: District Court, M.D. Florida Number: infdco20200226932 Visitors: 11
Filed: Feb. 25, 2020
Latest Update: Feb. 25, 2020
Summary: ORDER ROY B. DALTON, JR. , District Judge . Plaintiff moved to proceed in forma pauperis in his social security appeal. (Doc. 2 (" Motion ").) On referral, United States Magistrate Judge Thomas B. Smith recommends denying the Motion as Plaintiff failed to demonstrate an inability to pay. (Doc. 9 (" R&R ").) The parties did not object to the R&R, and the time for doing so has now passed. The Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-
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ORDER

Plaintiff moved to proceed in forma pauperis in his social security appeal. (Doc. 2 ("Motion").) On referral, United States Magistrate Judge Thomas B. Smith recommends denying the Motion as Plaintiff failed to demonstrate an inability to pay. (Doc. 9 ("R&R").)

The parties did not object to the R&R, and the time for doing so has now passed. The Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED:

1. U.S. Magistrate Judge Thomas B. Smith's Report and Recommendation (Doc. 9) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Plaintiff Hector Rinaldo Perez's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. 2) is DENIED. 3. Plaintiff is DIRECTED to pay the filing fee by Tuesday, March 10, 2020. Failure to do so may result in closure of this action without further notice.

DONE AND ORDERED.

Source:  Leagle

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