Jeffrey Poffenbarger v. PennyMac Loan Services, LLC

Summary

The United States District Court for the Southern District of Texas adopted a magistrate judge’s Memorandum and Recommendation recommending denial of Jeffrey Poffenbarger’s application to proceed in forma pauperis. The court denied the application and ordered Plaintiff to pay the filing fee within twenty days or voluntarily dismiss the petition, warning that nonpayment could result in dismissal for failure to prosecute.

Holdings

1. When no timely objection to a magistrate judge's memorandum and recommendation is filed, the district court need only determine whether there is clear error on the face of the record before accepting the recommendation.
2. Plaintiff's application to proceed in forma pauperis is denied.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Memorandum and Recommendation when no timely objections were filed.
2. Whether Plaintiff's application to proceed in forma pauperis should be denied.

Disposition

other