Opinion
1:22-cv-00890-DAD-SAB
08-31-2022
EDUARDO CALDERON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
(Doc. Nos. 2, 4)
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS AND REQUIRING PLAINTIFF TO PAY THE FILING FEE
Plaintiff Eduardo Calderon, represented by counsel, filed a complaint on July 19, 2022, challenging a final decision of the Commissioner of Social Security denying his application for disability benefits. (Doc. No. 1.) Plaintiff did not pay the filing fee in this action and instead filed a long form application to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. (Doc. No. 2.) This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 27, 2022, the Court issued findings and recommendations to deny plaintiff's IFP application and require payment of the $402 filing fee, on the basis that plaintiff's annual household income was greater than the 2022 federal poverty guideline for a household of four persons, that plaintiff's monthly household income exceeds his monthly expenses by over $1,000, and that plaintiff's expenses reflected at least some extent of discretionary spending beyond strict necessity that do not suggest plaintiff is living in poverty. (Doc. No. 4.) Plaintiff was advised that any objections to the findings and recommendations must be filed within fourteen days of the magistrate judge's order, that is, by August 10, 2022. The deadline to file objections to the findings and recommendations has passed, and no objections have been filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de novo review of the case. Having carefully reviewed the entire file, the court concludes that the findings and recommendations are supported by the record and by proper analysis.
Accordingly:
1. The findings and recommendations issued on July 27, 2022 (Doc. No. 4) are adopted in full;
2. Plaintiff's application to proceed in forma pauperis (Doc. No. 2) is denied; and
3. Within thirty (30) days of issuance of this order, Plaintiff shall pay the $402.00 filing fee in full in order to proceed with this action, or face dismissal of this action.
IT IS SO ORDERED.