Opinion
Civil Action 1:22-2838-RMG
10-03-2022
Natasha Nicole Gallman, Plaintiff, v. Kilolo Kijakazi, Acting Commissioner of Social Security, Defendant.
ORDER
Richard Mark Gergel United States District Judge
Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of the final decision of the Commissioner of Social Security denying her claim for Social Security disability. The matter comes before the Court on a Report and Recommendation (“R & R”) of the Magistrate Judge recommending that Plaintiff's request that she be excused from paying the $400 filing fee as an indigent be denied. (Dkt. No. 6). Plaintiff has filed no objection to the R & R.
The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with the Court. See Mathews v. Weber, 423 U.S. 261 (1976). The Court is charged with making a de novo determination of those portions of the R & R to which specific objection is made. The Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge. See 28 U.S.C. § 636(b)(1).
The Court has reviewed the well documented and reasoned R & R of the Magistrate Judge, which concludes that Plaintiff has sufficient assets and income to satisfy the filing fee in this case and would not be rendered destitute by paying the Court's filing fee. Consequently, the Court adopts the R & R of the Magistrate Judge (Dkt. No. 6) as the order of the Court.
Plaintiff's application to be treated as an indigent is DENIED.
AND IT IS SO ORDERED.