Opinion
Case No. 12-11145
04-23-2012
SARVJIT S. CHOWDHARY, Plaintiff, v. TOM J. VILSACK, SECRETARY, UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING
PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS
United States Magistrate Judge Charles E. Binder issued a report and recommendation (ECF No. 5) on March 27, 2012, recommending that Plaintiff Sarvjit Chowdhary's application to proceed in forma pauperis be denied because Plaintiff's financial affidavit reflected that he possessed the financial ability to cover the costs of litigation without undue hardship. Either 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. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Accordingly, it is ORDERED that Judge Binder's report and recommendation (ECF No. 5) is ADOPTED.
It is further ORDERED that Plaintiff's application to proceed in forma pauperis (ECF No. 3) is DENIED.
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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 and on
Sarvjit S. Chowdhary, 774 Stoneridge Drive, Mt. Pleasant, MI 48858 by
first class U.S. mail on April 23, 2012.
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TRACY A. JACOBS