Sebbern v. Commissoner of Social Security

Filing 22

ORDER Denying Plaintiff's 18 Request to Proceed in Forma Pauperis on Appeal signed by Magistrate Judge Gary S. Austin on 4/9/2010. (Esteves, C)

1 2 3 4 5 6 7 8 9 EASTERN DISTRICT OF CALIFORNIA 10 WILBERT C. SEBBERN, JR., 11 12 Plaintiff, 13 v. 14 15 16 Defendant. 17 18 19 20 21 22 23 24 25 26 27 28 1 On March 31, 2010, Plaintiff filed a Notice of Appeal in this matter. (Doc. 17.) That same date, Plaintiff also filed a Financial Affidavit form (Doc. 18), which the Court construes to be a Motion to Proceed Informa Pauperis on Appeal. Having considered the application to proceed without prepayment of fees, the application or motion is DENIED. Plaintiff has indicated that while he is unemployed, his spouse earns a salary of $5,000.00 per month. Therefore, Plaintiff is not entitled to proceed on appeal without payment of the filing fee. MICHAEL J. ASTRUE, Commissioner of Social Security, ) 1:08cv01768 GSA ) ) ) ORDER RE PLAINTIFF'S REQUEST TO ) PROCEED INFORMA PAUPERIS ON APPEAL ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT

1 2 3 4 5 6 7 8 9 6i0kij 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Accordingly, Plaintiff is advised that in order to proceed with his appeal to the Ninth Circuit he must pay a filing fee of $450.00 (see 28 U.S.C. § 1913) no later than May 10, 2010. However, this Court directs Plaintiff's attention to Rule 4(a)(1) of the Federal Rules of Appellate Procedure regarding the time for filing a Notice of Appeal. Finally, in the event Plaintiff were to elect to file a dismissal of his appeal, payment of the filing fee would become unnecessary.

IT IS SO ORDERED. Dated:

April 9, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

2