(SS) Arizmendi v. Commissioner of Social Security, No. 1:2019cv01506 - Document 8 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 6 Findings and Recommendations and DENYING Plaintiff's 4 2 Motions to Proceed IFP signed by District Judge Dale A. Drozd on 4/21/2020. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGEL ARIZMENDI, 12 13 14 15 16 No. 1:19-cv-01506-DAD-BAM (SS) Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF’S MOTIONS TO PROCEED IN FORMA PAUPERIS (Doc. Nos. 2, 4, 6) 17 18 Through this action, plaintiff Angel Arizmendi seeks review of the Commissioner of 19 Social Security’s decision denying his application for benefits under the Social Security Act. 20 (Doc. No. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 21 § 636(b)(1)(B) and Local Rule 302. 22 On January 28, 2020, the assigned magistrate judge issued findings and recommendations, 23 recommending that plaintiff’s motions to proceed in forma pauperis (Doc. Nos. 2, 4) be denied 24 because he failed to show that he is unable to pay the required filing fees pursuant to 28 U.S.C. § 25 1915. (Doc. No. 6.) Those findings and recommendations were served on plaintiff and contained 26 notice that any objections thereto were to be filed within fourteen (14) days of service. (Id. at 2– 27 3.) No objections have been filed and the time in which to do so has now passed. 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, the court has 1 1 conducted a de novo review of this case. Having carefully reviewed the entire file, the court 2 concludes that the findings and recommendations are supported by the record and proper analysis. 3 Accordingly: 4 1. The findings and recommendations issued on January 28, 2020 (Doc. No. 6) are 5 adopted in full; 6 2. Plaintiff’s motions to proceed in forma pauperis (Doc. Nos. 2, 4) are denied; and 7 3. Within fourteen (14) days following service of this order, plaintiff shall pay the 8 $400.00 filing fee in full in order to proceed with this action or face dismissal without 9 prejudice to refiling upon payment of the filing fee. 10 11 IT IS SO ORDERED. Dated: April 21, 2020 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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