Renfro v. Commissioner of Social Security

Filing 10

ORDER Denying as Moot Plaintiff's Motion to Strike Erroneous Filing Docket No. 4 (ECF No. 6) signed by Magistrate Judge Stanley A. Boone on 12/13/2016. (Valdez, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARC ALAN RENFRO,
Plaintiff,

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Case No. 1:16-cv-01733-SAB
ORDER DENYING AS MOOT
PLAINTIFF’S MOTION TO STRIKE
ERRONEOUS FILING DOCKET NO. 4

v.
COMMISSIONER OF SOCIAL SECURITY,

(ECF No. 6)

Defendant.

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Plaintiff Marc Alan Renfro (“Plaintiff”) filed a complaint on November 15, 2016, along

19 with an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2.)
20 Pursuant to a Court order, Plaintiff filed a long form application to proceed without prepayment
21 of fees (ECF No. 4) and an amended long form application to proceed without prepayment of
22 fees (ECF No. 5) on December 8, 2016. On December 9, 2016, the Court granted Plaintiff’s
23 amended long form application to proceed in forma pauperis. (ECF No. 7.) The Court also
24 directed the Clerk of the Court to terminate Plaintiff’s application to proceed without prepayment
25 of fees filed November 15, 2016 (ECF No. 2), and long form application to proceed without
26 prepayment of fees filed December 8, 2016 (ECF No. 4). On December 9, 2016, prior to the
27 Court’s order docketing, Plaintiff filed a motion to strike docket number 4 as erroneously filed.
28 (ECF No. 6.)

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Accordingly, in light of the fact that the Court has terminated Plaintiff’s long form

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2 application to proceed without prepayment of fees filed December 8, 2016 (ECF No. 4), IT IS
3 HEREBY ORDERED that Plaintiff’s motion to strike erroneous filing docket no. 4 is denied as
4 moot.
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IT IS SO ORDERED.

7 Dated:

December 13, 2016
UNITED STATES MAGISTRATE JUDGE

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