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Simmons v. Commissioner of Social Security

United States District Court, N.D. West Virginia
Oct 2, 2008
Civil Action No. 2:08 CV 65 (Maxwell) (N.D.W. Va. Oct. 2, 2008)

Opinion

Civil Action No. 2:08 CV 65 (Maxwell).

October 2, 2008


ORDER


It will be recalled that the above-styled Social Security action is referred to United States Magistrate Judge James E. Seibert pursuant to 28 U.S.C. § 636(b)(1)(B); Rule 72 of the Federal Rules of Civil Procedure; and Rule 7.02(c) of the Local Rules of Civil Procedure.

On June 6, 2008, Magistrate Judge Seibert filed a Report And Recommendation wherein he recommended that the Plaintiff's Application For Leave To Proceed In Forma Pauperis be denied. The Court has carefully reviewed the Plaintiff's Affidavit in Support of Motion, and finds, based upon an independent de novo consideration of all matters now before it, that Magistrate Judge Seibert's Report and Recommendation accurately applies the facts to the law and should be adopted. Accordingly, it is hereby

ORDERED that Magistrate Judge Seiberts' Report and Recommendation of June 6, 2008 shall be, and the same hereby is, accepted in whole and adopted by this Court. Therefore, it is

ORDERED that the Plaintiff's Motion For Leave To Proceed In Forma Pauperis shall be, and the same is hereby, DENIED. It is further

ORDERED that the Plaintiff shall pay the full filing fee before proceeding in the above-styled civil action. Said filing fee shall be paid within twenty (20) days of entry of this Order. Failure to pay the full filling fee within twenty (20) days will result in dismissal of this civil action.

The Clerk of Court is directed to transmit copies of this Order to counsel of record.


Summaries of

Simmons v. Commissioner of Social Security

United States District Court, N.D. West Virginia
Oct 2, 2008
Civil Action No. 2:08 CV 65 (Maxwell) (N.D.W. Va. Oct. 2, 2008)
Case details for

Simmons v. Commissioner of Social Security

Case Details

Full title:JEFFREY L. SIMMONS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court:United States District Court, N.D. West Virginia

Date published: Oct 2, 2008

Citations

Civil Action No. 2:08 CV 65 (Maxwell) (N.D.W. Va. Oct. 2, 2008)