Bailey v. Kijakazi ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION Case No. 4:20-cv-00152-M KAREN BAILEY, ) ) Plaintiff, □□ ) ) ORDER ) ANDREW SAUL, Commissioner of ) Social Security, ) ) Defendant. ) On August 12, 2020, Magistrate Judge Numbers issued a memorandum and recommendation (the “M&R”). [DE-5] In the M&R, Judge Numbers recommended that the court deny Plaintiff Karen Bailey’s motion for leave to proceed in forma pauperis. [DE-1, 4] The deadline for Plaintiff to object to the M&R has passed, and Plaintiff has not filed any objections. The Fourth Circuit has said: The Federal Magistrates Act requires a district court to make a de novo determination of those portions of the magistrate judge’s report or specified proposed findings or recommendations to which objection is made. By contrast, in the absence of a timely filed objection, a district court need not conduct a 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 & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (internal quotation marks, brackets, emphases, and citations omitted); see 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72. The court has reviewed the M&R and the record and is satisfied that there is no clear error reflected on the face thereof. Accordingly, the court ADOPTS the M&R and DENIES Plaintiff's motion, and DIRECTS Plaintiff to tender the $400 filing and administrative fee to the clerk. SO ORDERED this the 2 day of 54:, 2020. / RICHARD E. MYERS II UNITED STATES DISTRICT JUDGE