Coxey v. Commissioner of Social Security

Filing 5

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/15/2009 ORDERING 2 Motion to Proceed IFP is deemed withdrawn; and 4 FINDINGS AND RECOMMENDATIONS are vacated as moot. (Matson, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. / ORDER PATTIE A. COXEY, Plaintiff, No. CIV S-09-2530 GEB EFB IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

On October 19, 2009, the undersigned issued findings and recommendations herein which recommended that plaintiff's application to proceed in this action in forma pauperis be denied. Dckt. No. 4. On October 30, 2009, before the time for objecting to the findings and recommendations had expired, plaintiff paid the filing fee. The undersigned will construe that payment as a withdrawal of plaintiff's in forma pauperis application and will therefore vacate the October 19, 2009 findings and recommendations as moot. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's application to proceed in forma pauperis, Dckt. No. 2, is deemed withdrawn; and //// //// 1

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

2. The October 19, 2009 findings and recommendations, Dckt. No. 4, are vacated as

SO ORDERED. DATED: December 15, 2009.

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