(SS) Souza v. Commissioner of Social Security ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOANIE LEANNE SOUZA, ) Case No.: 1:23-cv-00675-JLT-GSA ) 12 Plaintiff, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, DENYING THE 13 v. ) APPLICATION TO PROCEED IN FORMA ) PAUPERIS, AND DIRECTING PLAINTIFF TO 14 COMMISSIONER OF SOCIAL SECURITY, ) PAY THE FILING FEE ) 15 Defendant. ) (Docs. 2, 4.) ) 16 17 Plaintiff Joanie Leanne Souza initiated this action by filing a complaint for judicial review of 18 the administrative decision denying her application for Social Security benefits. (Doc. 1.) Plaintiff 19 filed an application to proceed in forma pauperis. (Doc. 2.) The magistrate judge entered Findings and 20 Recommendations to deny the application to proceed in forma pauperis and to direct Plaintiff to pay 21 the filing fee. (Doc. 4.) The Findings and Recommendations advised Plaintiff that objections were due 22 within 14 days thereof (L.R. 304(b)) and that failure to file objections within the specified time may 23 result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838–39 (9th Cir. 2014) 24 (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). Plaintiff has filed no objections to the 25 Findings and Recommendations. 26 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United 27 School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. 28 Having carefully reviewed the matter, the Court finds the Findings and Recommendations are 1 || supported by the record and proper analysis. Based upon the foregoing, the Court ORDERS: 2 1. The Findings and Recommendations (Doc. 4) are ADOPTED. 3 2. Plaintiff's application to proceed in forma pauperis (Doc. 2) is DENIED. 4 3. Plaintiff is DIRECTED to pay the required filing fee within 30 days of the entry of th 5 order. 6 7 IT IS SO ORDERED. Dated: _ June 9, 2023 ( Li pA LU. wan 9 TED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28