Crosby v. Commissioner of Social Security
Filing
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ORDER Regarding Plaintiff's 31 Application to Proceed In Forma Pauperis on Appeal signed by Magistrate Judge Gary S. Austin on 5/12/2011. Plaintiff's motion is DENIED as moot.(Bradley, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ZABIAN R. CROSBY,
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Plaintiff,
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v.
MICHAEL J. ASTRUE, Commissioner
of Social Security,
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Defendant.
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1:09-cv-01764 GSA
ORDER REGARDING PLAINTIFF’S
APPLICATION TO PROCEED INFORMA
PAUPERIS ON APPEAL
(Document 31)
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Plaintiff Zabian R. Crosby filed this action on October 7, 2009. (Doc. 1.) On October 9,
2009, the Court granted Plaintiff’s application to proceed in forma pauperis. (Doc. 3.)
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On March 18, 2011, this Court issued its Order Regarding Plaintiff’s Social Security
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Complaint, wherein it found the Administrative Law Judge’s decision was supported by substantial
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evidence and was free of legal error. As a result, Plaintiff’s appeal was denied and judgment was
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entered in favor of Defendant Michael J. Astrue, Commissioner of Social Security. (Doc. 28.)
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On May 10, 2011, Plaintiff filed a Notice of Appeal. (Doc. 30.) That same date, Plaintiff
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filed a second “Application to Proceed In District Court Without Prepaying Fees or Costs.” (Doc.
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31.)
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Plaintiff is advised that pursuant to Rule 24 of the Federal Rules of Appellate Procedure, a
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party who was permitted to proceed in forma pauperis in the district court action may proceed in
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forma pauperis on appeal without prior authorization.
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Accordingly, because the Court has previously granted Plaintiff’s application to proceed
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without prepayment of fees on October 9, 2009, Plaintiff’s second application or motion filed May
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10, 2011, is DENIED as moot.
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IT IS SO ORDERED.
Dated:
i70h38
May 12, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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