Crystal N. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the District of Utah adopted a magistrate judge’s report and recommendation denying Crystal N.’s motion to proceed in forma pauperis in her Social Security action. The court found that Plaintiff waived objections by failing to object, that the recommendation was not clearly erroneous, and that the motion was moot because Plaintiff had paid the full filing fee.

Holdings

1. A party who does not object to a magistrate judge's report and recommendation waives arguments challenging the recommendation, absent circumstances requiring the court to excuse the waiver.
2. Even if the court excuses waiver, it may review the magistrate judge's report and recommendation for clear error.
3. The court adopted the report and recommendation and denied Plaintiff's motion for leave to proceed in forma pauperis; the motion was also effectively moot because Plaintiff had paid the full filing fee.

Questions Presented

1. Whether Plaintiff waived challenges to the magistrate judge's report and recommendation by failing to object.
2. Whether the report and recommendation should be adopted despite the absence of objections.
3. Whether the in forma pauperis motion was moot because Plaintiff paid the full filing fee.

Disposition

other