Moon v. Commisioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 8/4/14 DENYING 2 Motion to Proceed IFP. Within 30 days of the date of this order, plaintiff shall pay the $350 civil filing fee and $50 administrative fee in full; and failure to do so may result in dismissal of this action. Case Management Deadline: 9/8/2014. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDY ALLAN MOON,

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Plaintiff,

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No. 2:14-cv-0861 AC

v.

ORDER

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis and

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has submitted the affidavit required by § 1915(a). This affidavit, though, shows that plaintiff

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receives a disability pension in the amount of $5,000 per month for life, and he has $1,500 in his

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checking account. Because plaintiff has not shown an inability to pay the Court’s filing fee,

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plaintiff will be directed to pay the $350 civil filing fee and $50 administrative fee.1 Accordingly,

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the request to proceed in forma pauperis will be denied. 28 U.S.C. § 1915(a).

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is denied;

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1

Effective May 1, 2013, the Clerks of Court for the United States District Courts are required to
collect a $50.00 administrative fee for the filing of a civil action, suit, or proceeding in a district
court. See Judicial Conference Schedule of Fees, District Court Miscellaneous Fee Schedule ¶ 14
(effective May 1, 2013), foll. 28 U.S.C. § 1914. However, the administrative fee “does not apply
to applications for a writ of habeas corpus or to persons granted in forma pauperis status under 28
U.S.C. § 1915.” Id.
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2. Within thirty (30) days of the date of this order, plaintiff shall pay the $350 civil filing
fee and $50 administrative fee in full; and
3. Failure to do so may result in dismissal of this action.
DATED: August 4, 2014

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