Levet v. Comm'r of Soc. Sec. Admin.

Full title: CHARLES F. LEVET, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

Date published: Jul 15, 2014

CASE NO. 1:14-CV-01378 (N.D. Ohio Jul. 15, 2014)

Opinion

CASE NO. 1:14-CV-01378

07-15-2014

CHARLES F. LEVET, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.

JAMES S. GWIN

OPINION & ORDER

[Resolving Docs. 2 & 4]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:

On June 26, 2014, Magistrate Judge Kathleen B. Burke recommended that the Court deny Plaintiff Charles F. Levet's motion to proceed in forma pauperis.¹ Plaintiff Levet has not filed an objection to the report and recommendation. The Court ADOPTS the Magistrate Judge's Report and Recommendation and DENIES the motion to proceed in forma pauperis.

1 Doc. 4.

The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a Report and Recommendation to which the parties have made an objection.² Parties must file any objections to a Report and Recommendation within fourteen days of service.³ Failure to object within that time waives a party's right to appeal the Magistrate Judge's recommendation.⁴ Absent objection, a district court may adopt the Magistrate Judge's report without review.⁵ Moreover, this Court agrees with the conclusions of the Magistrate Judge.

2 28 U.S.C. § 636(b)(1).

3 N.D. Ohio L.R. 72.3(b).

4 Id.; see Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).

5 Thomas, 474 U.S. at 149.

Here, although Plaintiff's family's monthly expenditures exceed their monthly income, Plaintiff's family has a gross monthly income of over $3,000; has three vehicles, including a minivan worth approximately $18,000; has a family home worth over $100,000; and has over $1,000 accessible in bank accounts.⁶ The Court finds that Plaintiff's family can pay the Court's costs without undue hardship.⁷

6 See generally Doc. 2.

7 See Foster v. Cuyahoga Dep't of Health & Human Servs., 21 F. App'x 239, 240 (6th Cir. 2001).
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Accordingly, the Court ADOPTS in whole Magistrate Judge Burke's findings of fact and conclusions of law and incorporates them fully herein by reference. The Court DENIES Plaintiff's motion to proceed in forma pauperis. Plaintiff must pay the required filing fee within ten days of this order.

IT IS SO ORDERED.

__________

JAMES S. GWIN

UNITED STATES DISTRICT JUDGE