Goeller v. Commissioner of Social Security, CIV-19-0491-SM. (2019)
Court: District Court, W.D. Oklahoma
Number: infdco20190718c28
Visitors: 20
Filed: Jul. 17, 2019
Latest Update: Jul. 17, 2019
Summary: ORDER JOE HEATON , District Judge . In this action, plaintiff seeks judicial review of the final decision of defendant Commissioner of Social Security. On June 19, 2019, U.S. Magistrate Judge Suzanne Mitchell 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
Summary: ORDER JOE HEATON , District Judge . In this action, plaintiff seeks judicial review of the final decision of defendant Commissioner of Social Security. On June 19, 2019, U.S. Magistrate Judge Suzanne Mitchell 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 a..
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ORDER
JOE HEATON, District Judge.
In this action, plaintiff seeks judicial review of the final decision of defendant Commissioner of Social Security. On June 19, 2019, U.S. Magistrate Judge Suzanne Mitchell 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 July 10, 2019.
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. Cassanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010). Accordingly, the court ADOPTS Magistrate Judge Mitchell's Report and Recommendation [Doc. #5], 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 IS SO ORDERED.
Source: Leagle
