(SS) Yang 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 LEE YANG, Case No. 1:23-cv-1250 JLT SAB 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION THAT PLAINTIFF’S 13 v. MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS BE DENIED AND 14 COMMISSIONER OF SOCIAL DIRECTING PLAINTIFF TO PAY FILING SECURITY, FEE 15 Defendant. (Docs. 4, 6) 16 17 Plaintiff seeks judicial review of the administrative decision denying Social Security 18 benefits, and requested to proceed in forma pauperis with the action. (Doc. 4.) The assigned 19 magistrate judge found the information provided in the application—including Plaintiff’s reported 20 income— was “inconsistent with a finding of poverty.” (Doc. 6 at 3.) Therefore, the magistrate 21 judge recommended Plaintiff’s motion to proceed in forma pauperis be denied. (Id. at 4.) 22 The Court served the Findings and Recommendations on Plaintiff and notified Plaintiff 23 that any objections must be filed within fourteen days after service. (Doc. 6 at 4.) The Court also 24 informed Plaintiff that the “failure to file objections within the specified time may result in the 25 waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) 26 Plaintiff did not file objections and the deadline to do so has expired. 27 According to 28 U.S.C. § 636 (b)(1)(C), this Court conducted a de novo review of the 28 case. Having carefully reviewed the entire file, the Court concludes the Findings and 1 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 2 1. The findings and recommendations issued on September 14, 2023 (Doc. 6) are 3 ADOPTED in full. 4 2. Plaintiffs application to proceed in forma pauperis (Doc. 4) is DENIED. 5 3. Within 21 days following the date of service of this order, Plaintiff shall pay the 6 $402.00 filing fee in full to proceed with this action. 7 If Plaintiff fails to pay the filing fee within the specified time, this action will be dismissed 8 without further notice. 9 10 IT IS SO ORDERED. 11 Dated: _ October 11, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28