Fragoso v. Commissioner of Social Security

Middle District of Florida, flmd-8:2016-cv-02712

REPORT AND RECOMMENDATION for dismissal of {{1}} Complaint filed by Abel Fragoso. Signed by Magistrate Judge Thomas B. McCoun III on 11/1/2016. (AHA) (AHA). Modified on 11/2/2016 - Replaced image and regenerated NEF

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PageID 30 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ABEL FRAGOSO, Plaintiff, v. Case No. 8:16-cv-2712-T-23TBM CAROLYN W. COLVIN, Acting Commissioner of the United States Social Security Administration, Defendant. / REPORT AND RECOMMENDATION THIS MATTER is before the Court sua sponte. Plaintiff filed this action on September 21, 2016 (Doc. 1), along with a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (Doc. 2) and an affidavit of indigency (Doc. 3). On September 26, 2016, this Court denied the motion to proceed in forma pauperis without prejudice and permitted Plaintiff to re-file an amended affidavit of indigency within twenty days of the date of the Order. (Doc. 6). More than twenty days elapsed, and Plaintiff did file an amended Affidavit of Indigency, nor did Plaintiff pay the filing fee to the Clerk of Court. On October 20, 2016, this Court ordered Plaintiff show cause, in writing, on or before October 31, 2016, why this case should not be dismissed for failure to pay the filing fee or to seek leave to proceed in forma pauperis. (Doc. 7). The Order further noted that failure to respond may result in dismissal without further notice. Id. PageID 31 Plaintiff has failed to respond to the Order to Show Cause and has not paid the filing fee to the Clerk of Court. Accordingly, it is RECOMMENDED that the Court DISMISS this action and the Clerk be directed to close the case. Respectfully submitted this 1st day of November 2016. NOTICE TO PARTIES Failure to file written objections to the proposed findings and recommendations contained in this report within fourteen (14) days from the date of its service shall bar an aggrieved party from attacking the factual findings on appeal and a de novo determination by a district judge. A party waives the right to challenge on appeal a finding of fact or conclusion of law adopted by the district judge if the party fails to object to that finding or conclusion within fourteen days after issuance of the Report and Recommendation containing the finding or conclusion. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; M.D. Fla. R. 6.02; see also Fed. R. Civ. P. 6; M.D. Fla. R. 4.20. Copies furnished to: The Honorable Steven D. Merryday, Chief United States District Judge Counsel of record 2