McConnell v. Commissioner of Social Security

Filing 6

ORDER DENYING Application to Proceed in Forma Pauperis Pending Completion of MOtion 5 , signed by Magistrate Judge Sandra M. Snyder on 1/12/15: Plaintiff shall submit a completed application OR pay the filing fee in full within thirty days of this order, or this case shall be dismissed without prejudice for failure to prosecute. (Hellings, J)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 JAMES McCONNELL, Plaintiff, 10 11 12 v. Case No. 1:14-cv-02083-SMS ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS PENDING COMPLETION OF MOTION CAROLYN W. COLVIN, Acting Commissioner Of Social Security, (Doc. 5) 13 Defendant. 14 15 16 By motion filed December 30, 2014, Plaintiff James McConnell sought to proceed in forma 17 pauperis. Although Plaintiff submitted an application that would have made the showing required 18 by 28 U.S.C. § 1915(a), the application was not completed. Accordingly, the Court denied the 19 application and directed Plaintiff to amend the application and re-submit it with a completed caption, 20 21 inclusion of Plaintiff's name within the declaration, and inclusion of the date of signature. On January 9, 2015, Plaintiff submitted an amended application on which the caption remained 22 23 24 incomplete. The Court notes that although Plaintiff is represented by counsel, an incomplete form has 25 been submitted twice. Counsel is admonished carefully to review the next application before filing it 26 since the Court will extend no further opportunities to amend the form. 27 28 Accordingly, the Court DENIES Plaintiffs’ motion to proceed in forma pauperis without prejudice and GRANTS Plaintiff leave to submit an amended declaration in which the caption has 1 1 been completed with the parties' names and the case number. Plaintiff shall submit a completed 2 application or shall pay the filing fee in full within thirty days of this order, or this case shall be 3 dismissed without prejudice for failure to prosecute. 4 5 IT IS SO ORDERED. 6 Dated: 7 January 12, 2015 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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