Rainey v. Commissioner of Social Security, No. 4:2021cv01335 - Document 8 (N.D. Ohio 2021)

Court Description: Memorandum Opinion and Order: For the reasons stated in this Order, the Report and Recommendation of Magistrate Judge Parker (Doc. No. 5 ) is ADOPTED and Plaintiff's Motion to Proceed In Forma Pauperis (Doc. No. 2 ) is DENIED. Plaintiff shall pay the $402 filing fee within fourteen (14) days of the date of this Order. (P,K)

Download PDF

Rainey v. Commissioner of Social Security Doc. 8 Case: 4:21-cv-01335-PAB Doc #: 8 Filed: 08/05/21 1 of 3. PageID #: 52 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO Kathleen G. Rainey, Case No. 4:21cv1335 Plaintiff, JUDGE PAMELA A. BARKER -vsMagistrate Judge Thomas Parker Commissioner of Social Security, MEMORANDUM OPINION AND ORDER Defendant. This matter is before the Court upon the Report and Recommendation of Magistrate Judge Thomas Parker (Doc. No. 5), recommending that Plaintiff Kathleen G. Rainey’s Motion for Leave to Proceed In Forma Pauperis (Doc. No. 2) be denied. No objections have been filed. For the following reasons, the Report and Recommendation is ADOPTED and Plaintiff’s’ Motion is DENIED. Plaintiff shall pay the $402 filing fee within fourteen (14) days of the date of this Order. I. Background On July 12, 2021, Plaintiff Kathleen G. Rainey filed a Complaint (Doc. No. 1) challenging the final decision of the Defendant, Andrew Saul, Commissioner of Social Security (“Commissioner”), denying her application for disability benefits under the Social Security Act, 42 U.S.C. §§ 416(i), 423, and 1381 et seq. (“Act”). On that same date, Plaintiff filed a Motion to Proceed In Forma Pauperis. (Doc. No. 2.) Pursuant to Local Rule 72.2(b), the case was referred to Magistrate Judge Thomas Parker. On July 19, 2021, the Magistrate Judge issued a Report and Recommendation, in which he recommended that Plaintiff’s Motion to Proceed In Forma Pauperis be denied because Rainey and her spouse’s Dockets.Justia.com Case: 4:21-cv-01335-PAB Doc #: 8 Filed: 08/05/21 2 of 3. PageID #: 53 monthly income covered their basic expenses and “the funds expected to be left over at the end of next month ($189) and Rainey’s checking account balance ($600) are enough to cover this court’s $402 filing fee.” (Doc. No. 5.) Objections to the Report and Recommendation were to be filed within 14 days of service, i.e., by no later than August 2, 2021. No objections were filed. II. Standard of Review The applicable standard of review of a Magistrate Judge’s Report and Recommendation depends upon whether objections were made to that report. When objections are made, the district court reviews the case de novo. Specifically, Federal Rule of Civil Procedure 72(b) states in pertinent part: The district judge must determine de novo any part of the magistrate judge’s disposition that has been properly objected to. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instruction. Although the standard of review when no objections are made is not expressly addressed in Rule 72, the Advisory Committee Notes to that Rule provide that “[w]hen no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” See Fed. R. Civ. P. 72, Advisory Committee Notes. Moreover, in Thomas v. Arn, 474 U.S. 140, 150 (1985), the United States Supreme Court explained that “[i]t does not appear that Congress intended to require district court review of a magistrate judge’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.” III. Analysis and Conclusion Here, as stated above, no objections were filed to the Report and Recommendation of Magistrate Judge Parker that Plaintiff’s Motion to Proceed In Forma Pauperis be denied. This Court has carefully and thoroughly reviewed the Report and Recommendation, and all other relevant 2 Case: 4:21-cv-01335-PAB Doc #: 8 Filed: 08/05/21 3 of 3. PageID #: 54 documents in the record, and finds no clear error. The Report and Recommendation of Magistrate Judge Parker (Doc. No. 5) is, therefore, ADOPTED and Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. No. 2) is DENIED. Plaintiff shall pay the $402 filing fee within fourteen (14) days of the date of this Order. IT IS SO ORDERED. s/Pamela A. Barker_ PAMELA A. BARKER U. S. DISTRICT JUDGE Date: August 5, 2021 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.