(SS) Beyer 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 MARTIN JONATHAN BEYER, ) Case No.: 1:23-cv-01041-ADA-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. ) (ECF Nos. 3, 5) ) 16 17 Plaintiff Martin Jonathan Beyer initiated this action by filing a complaint for judicial review of 18 the administrative decision denying his application for Social Security benefits. (ECF No. 1.). Plaintiff 19 filed an application to proceed in forma pauperis. (ECF No. 3). On July 19, 2023 the Magistrate Judge 20 entered Findings and Recommendations to deny the application to proceed in forma pauperis and to 21 direct Plaintiff to pay the filing fee. (ECF No. 5). The Findings and Recommendations advised Plaintiff 22 that objections were due within 14 days thereof (L.R. 304(b)) and that failure to file objections within the 23 specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838–39 24 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). Plaintiff has filed no 25 objections to the Findings and Recommendations, which were due on or before August 2, 2023. 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 supported 1 || by the record and proper analysis. Based upon the foregoing, the Court ORDERS: 2 1. The Findings and Recommendations (ECF No. 5) are ADOPTED IN FULL. 3 2. Plaintiff's application to proceed in forma pauperis (ECF No. 3) 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 8 IT IS SO ORDERED. ? Dated: _ September 4, 2023 10 UNITED $TATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28