Summary
denying motion to proceed in forma pauperis where the Plaintiff's income was more than twice the federal poverty level
Summary of this case from Mitchell v. Comm'r of Soc. Sec.Opinion
Case Number 12-14424
11-08-2012
LEONA BEHMLANDER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION AND
DENYING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS
This matter is before the Court on the report and recommendation (ECF No. 5) issued by Magistrate Judge Charles E. Binder on October 16, 2012, on Plaintiff's motion to proceed in forma pauperis (ECF No. 4). Judge Binder recommends that the Court deny Plaintiff's motion as Plaintiff indicates that her monthly income is $2,500 and that she has no dependents. Accepting Plaintiff's figure as accurate, her monthly income is more than 250 percent above the federal poverty level for a single person household ($930.83 per month).
Any party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. The Court is not obligated to review the portions of the report to which no objection was made. Thomas v. Arn, 474 U.S. 140, 149-52 (1985). As of today's date, no party has filed any objections to Judge Binder's report and recommendation. The filing fee has not been paid.
Accordingly, it is ORDERED that Judge Binder's report and recommendation (ECF No. 5) is ADOPTED.
It is further ORDERED that Plaintiff's request to proceed in forma pauperis (ECF No. 4) is DENIED.
It is further ORDERED that Plaintiff must pay the required filing fee before the close of business on Monday, November 26, 2012, or the case will be dismissed.
____________________
THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on November 8, 2012.