Opinion
Case No. 2:12-cv-01676-MMD-CWH
02-26-2013
BRIGETTE BATTIEST-RAY, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
ORDER ADOPTING REPORT AND
RECOMMENDATION (dkt. no. 6)
Before the Court for consideration is the Report and Recommendation of the Honorable C.W. Hoffman, Jr., United States Magistrate Judge, entered January 9, 2013. (Dkt. no. 6.) In a previous Report and Recommendation (dkt. no. 2), the Magistrate Judge denied Plaintiff's request to proceed in forma pauperis, determining that based on her reported yearly income and other assets, Plaintiff had sufficient assets to pay the $350.00 filing fee required to commence a civil action in this Court. The Court adopted the Report and Recommendation. (Dkt. no. 3.) Plaintiff was given thirty (30) days to pay the $350.00 filing fee, but failed to do so. Instead, she submitted a second application to proceed in forma pauperis. (Dkt. no. 4.) The Magistrate found no evidence to warrant reconsideration of the denial of Plaintiff's previous application. (Dkt. no. 6.) No objections have been filed.
The Court has conducted a de novo review of the record in this case in accordance with 28 U.S.C. § 636(b)(1) and determines that Magistrate Judge Hoffman's Report and Recommendation (dkt. no. 6) should be ACCEPTED.
IT IS THEREFORE ORDERED Plaintiff's Application to Proceed in Forma Pauperis (dkt. no. 4) is DENIED. This action is dismissed. The Clerk of the Court is HEREBY ORDERED to close the case.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE