The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
LETIMEGO WILLIAMS,
Plaintiff,
v. CASE NO. 8:22-cv-197-WFJ-SPF
KILOLO KIJAKAZI,
Acting Commissioner of Social
Security,
_______________________________/
ORDER
This cause comes before the Court on Plaintiff’s application to proceed in
forma pauperis (Dkt. 2) and the complaint (Dkt. 1). The magistrate judge issued a
report recommending in forma pauperis status be denied and the case be dismissed
as untimely. Dkt. 4. The time for filing objections has passed.
The Court reviews the legal conclusions de novo in the absence of an
objection. See LeCroy v. McNeil, 397 F. App’x 554, 556 (11th Cir. 2010) (citation
omitted); Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994). The
magistrate judge found that although indigent, Plaintiff failed to supplement her
complaint by filing either the final decision of the Commissioner of the Social
Security Administration or the notice from the appeals board denying her appeal.
See Dkt. 3 (Order directing supplementation). Without same, Plaintiff has not
shown her complaint was timely filed within 60 days after the Commissioner’s
decision became final. The Court agrees that Plaintiff’s case is untimely based on
the reasons set forth in the Report and Recommendation, and in conjunction with
an independent examination of the file. Accordingly, the Court rules as follows:
1. The Report and Recommendation (Dkt. 4) is adopted, confirmed, and
approved in all respects and made a part of this order.
2. Plaintiff’s motion to proceed in forma pauperis (Dkt. 2) is denied.
3. This case is dismissed.
4. The Clerk is directed to close the case.
DONE AND ORDERED in Tampa, Florida, on March 15, 2022.
s/William F. Jung
WILLIAM F. JUNG
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:
Plaintiff, pro se