Opinion
NO. 4:16-CV-234-DMB-RP
04-27-2017
RICHARD SMITH PLAINTIFF v. SOCIAL SECURITY COMMISSIONER, NANCY BERRYHILL DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
On December 29, 2016, United States Magistrate Judge Roy Percy issued a Report and Recommendation recommending that Richard Smith's motion to proceed in forma pauperis be denied. Doc. #4. The Report and Recommendation advised that "in the event [Smith] desires to file objections to these findings and recommendations:"
Objections are required to be (1) specific, (2) in writing, and (3) filed within fourteen (14) days of this date. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b). Plaintiff's failure to file written objections to the proposed findings, conclusions, and recommendations in a magistrate judge's report and recommendation within 14 days after being served with a copy bars Plaintiff from: (1) entitlement to de novo review by a district judge of proposed findings and recommendations, Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1998), and (2) appellate review, except on grounds of plain error, of unobjected-to proposed factual findings and legal conclusions accepted by the district court...." Douglass v. United Services Automobile Association, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc) (citations omitted).Id. at 3.
To date, no objections to the Report and Recommendation have been filed or served. Accordingly, this Court's review of the Report and Recommendation is limited to plain error. Morales v. Mosley, No. 3:13-cv-848, 2014 WL 5410326, at *2 (S.D. Miss. Oct. 22, 2014) (citing Shelby v. City of El Paso, 577 F. App'x 327, 331 (5th Cir. 2014) ("When there has been no objection to a report and recommendation, review is limited to plain error.").
The Court has reviewed the Report and Recommendation and found no plain error. It is, therefore, ORDERED:
1. The December 29, 2016, Report and Recommendation [4] is ADOPTED as the order of the Court; and
2. Smith's motion to proceed in forma pauperis is DENIED. Smith has fourteen (14) days from the date of this order to pay the standard civil filing fee of $400.00. Failure to comply with this order and pay the filing fee will result in the dismissal of Smith's complaint under Federal Rule of Civil Procedure 41(a) without further notice.
SO ORDERED, this 27th day of April, 2017.
/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE