Opinion
CIVIL ACTION NO. 1:13CV236
01-16-2014
REBEKAH ROSE PATTEN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
(Judge Keeley)
ORDER ADOPTING MAGISTRATE JUDGE'S
OPINION/REPORT AND RECOMMENDATION
Pursuant to 28 U.S.C. §636(b)(1)(B), Rule 72(b), Federal Rules of Civil Procedure and Local Court Rule 4.01(d), on October 17, 2013, the Court referred this Social Security action to United States Magistrate Judge James E. Seibert ("Magistrate Judge Seibert" or "magistrate judge") with directions to submit proposed findings of fact and a recommendation for disposition.
On October 18, 2013, Magistrate Judge Seibert filed his Report and Recommendation ("R&R"), recommending that the plaintiff's in forma pauperis application be denied (dkt no. 3), and directing the parties, in accordance with 28 U.S.C. §636(b)(1) and Rule 6(e), Fed. R. Civ. P., to file with the Clerk of Court any written objections within fourteen (14) days after being served with a copy of the R&R. He further directed the parties that failure to file objections would result in a waiver of the right to appeal from the judgment of this Court. The parties did not file any objections.
Upon consideration of Magistrate Judge Seibert's recommendation and having received no written objections, the Court accepts and approves the R&R. The Court notes that the docket sheet reflects that on October 28, 2013, the plaintiff paid the $400 filing fee, which moots the issue that was the subject of the R&R,
Patten's failure to object to the Report and Recommendation not only waives her appellate rights in this matter, but also relieves the Court of any obligation to conduct a de novo review of the issues presented. See Wells v. Shriners Hospital, 109 F.3d 198, 199-200 (4
The Court directs the Clerk to transmit copies of this Order to counsel of record.
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IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE
th Cir. 1997); Thomas v. Arn, 474 U.S. 140,148-153 (1985).