Opinion
Civil Action No. 4:14-cv-847-O
11-12-2014
WILLIAM L. MITCHELL, Plaintiff, v. THE DEPARTMENT OF THE AIR FORCE and THE DEPARTMENT OF VETERANS AFFAIRS, Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. See ECF No. 7. The Magistrate Judge recommended that Plaintiff's Motion for Leave to Proceed In Forma Pauperis (ECF No. 4) should be denied because his income placed him above the poverty line. Plaintiff filed an objection raising concerns about the Court not considering his debt-to-income ratio. See Pl.'s Objection, ECF No. 8. The Court has conducted a de novo review of those portions of the proposed findings and recommendation to which an objection was made.
Plaintiff is obligated to present all pertinent information before the Magistrate Judge in the initial request. However, considering Plaintiff's income versus all of Plaintiff's reported monthly expenses, the Court finds that Plaintiff has sufficient resources to pay the filing fee. Therefore, the Court OVERRULES Plaintiff's objections and ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.
Accordingly, it is ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted as the findings of the Court. Defendant's Motion for Leave to Proceed In Forma Pauperis (ECF No. 4) is hereby DENIED. Plaintiff's complaint will be subject to dismissal without further notice under Federal Rule of Civil Procedure 41(b) unless he pays to the Clerk of Court the filing and administrative fees within seven (7) days after this order.
SO ORDERED on this 12th day of November, 2014.
/s/_________
Reed O'Connor
UNITED STATES DISTRICT JUDGE