Gulley v. Colvin

Filing 5

OPINION. Signed by Honorable Judge Myron H. Thompson on 4/6/2016. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

JEFFREY WADE GULLEY,

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Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,
Defendant.

CIVIL ACTION NO.
2:15cv887-MHT
(WO)

OPINION
On November 30, 2015, plaintiff filed a complaint
seeking review of the decision of the Commissioner of
Social

Security

pauperis.
requisite

and

a

However,
affidavit

motion

plaintiff
of

to

proceed

failed

indigence

in

to

in

forma

file

support

the

of

his

motion for leave to proceed in forma pauperis.

On

February 10, 2016, the United States Magistrate Judge
entered an order instructing plaintiff to either pay
the

civil

filing

fee

or

submit

his

affidavit

indigence on or before February 24, 2016.

of

Plaintiff

has not paid the civil filing fee and has not submitted

an affidavit in support of his application for leave to
proceed in forma pauperis or otherwise responded to the
magistrate judge’s order.

Consequently, plaintiff has

not

this

properly

§ 1915(a)(1),

commenced
and

the

complaint

action,
will

28
be

U.S.C.

dismissed

without prejudice.
An appropriate judgment will be entered.
DONE, this the 6th day of April, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE