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Parker v. Saul

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION
Jun 1, 2020
No. 7:20-cv-73-BO (E.D.N.C. Jun. 1, 2020)

Opinion

No. 7:20-cv-73-BO

06-01-2020

DANIEL MCLEOD PARKER, Plaintiff, v. ANDREW SAUL, Acting Commissioner of Social Security, Defendant.


ORDER

This cause comes before the Court on the memorandum and recommendation by United States Magistrate Judge Robert B. Jones, Jr. [DE 4]. On April 22, 2020, Judge Jones recommended that plaintiff's motion to proceed in forma pauperis be denied. Id. No objections to the memorandum and recommendation have been filed, and the matter is ripe for review.

DISCUSSION

A district court is required to review de novo those portions of an M&R to which a party timely files specific objections or where there is plain error. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140, 149-50 (1985). "[I]n the absence of a timely filed objection, a district court need not conduct de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (internal quotation and citation omitted).

No party has objected to the M&R and the time for doing so has passed. The Court has reviewed the M&R and is satisfied that there is no clear error on the face of the record. Accordingly, the memorandum and recommendation is ADOPTED.

CONCLUSION

The memorandum and recommendation [DE 4] of Judge Jones is ADOPTED. Plaintiff's motion [DE 1] to proceed in forma pauperis is DENIED. Plaintiff is DIRECTED to pay the filing fee not later than July 1, 2020. Failure to do so will result in this case being closed.

SO ORDERED, this 1 day of June, 2020.

/s/_________

TERRENCE W. BOYLE

CHIEF UNITED STATES DISTRICT JUDGE


Summaries of

Parker v. Saul

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION
Jun 1, 2020
No. 7:20-cv-73-BO (E.D.N.C. Jun. 1, 2020)
Case details for

Parker v. Saul

Case Details

Full title:DANIEL MCLEOD PARKER, Plaintiff, v. ANDREW SAUL, Acting Commissioner of…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION

Date published: Jun 1, 2020

Citations

No. 7:20-cv-73-BO (E.D.N.C. Jun. 1, 2020)