Opinion
No. 2:21-cv-00069-SMJ
02-23-2021
KATHLEEN M. SWOBODA, Plaintiff, v. DENIS MCDONOUGH, Secretary of the Department of Veterans Affairs, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is Magistrate Judge Rodgers's February 1, 2021 Report and Recommendation, ECF No. 4, recommending that this Court (1) deny Plaintiff's Application to Proceed In Forma Pauperis, ECF No. 2, and (2) require Plaintiff to pay the filing fee and administrative fee in full within thirty (30) days of an Order adopting this Report and Recommendation. No objections have been filed, and Plaintiff has paid the filing fee.
After reviewing the Report and Recommendation and relevant authorities, the Court finds the Magistrate Judge's findings are correct. Therefore, the Court adopts the Report and Recommendation in its entirety.
Accordingly, IT IS HEREBY ORDERED:
1. The Report and Recommendation, ECF No. 4, is ADOPTED in its entirety.
2. Plaintiff's Application to Proceed In Forma Pauperis, ECF No. 2, is DENIED.
3. Plaintiff's Motion for Appointment of Pro Bono Counsel, ECF No. 5, is DENIED.
4. Denis McDonough has succeeded Robert Wilkie, as the Secretary of Veterans Affairs. Accordingly, this Court SUBSTITUTES Denis McDonough for Robert Wilkie as a Defendant in this matter under Fed. R. Civ. P. 25(d). The Clerk's Office is directed to AMEND the caption accordingly.
IT IS SO ORDERED. The Clerk's Office is directed to enter this Order and provide copies to all counsel, pro se Plaintiff, and Magistrate Judge Rodgers.
DATED this 23rd day of February 2021.
/s/_________
SALVADOR MENDOZA, JR.
United States District Judge