Citation Codes Equivalent Citations citation codes Docket Number 2:09-cv-02155-RCJ-PAL. Judges Robert Clive Jones See more information ... Smart Summary Please sign up to generate summary. PETER H. McDIVITT, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendants. ORDER ROBERT JONES, District Judge Before this Court is the Report and Recommendation (#2) of Magistrate Judge Peggy A. Leen, entered December 1, 2009. The Court has conducted a review of the record in this case and, upon finding that no objections have been filed, determines that the Report and Recommendations (#2) of the United States Magistrate Judge entered December 1, 2009 should be affirmed. IT IS THEREFORE ORDERED that Magistrate Judge Leen's Report and Recommendation (#2) be AFFIRMED and ADOPTED. IT IS FURTHER ORDERED that Plaintiffs Application to Proceed In Forma Pauperis (#1) is DENIED. IT IS FURTHER ORDERED that Plaintiff shall have 15 days from the entry of this order to pay the filing fee of $350.00. Failure to pay the filing fee within the time set will result in a dismissal of this action.