McConico v. Commissioner of Social Security

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 9/14/2016 DENYING 2 Motion to Proceed IFP. Within 15 days of the date of this order, plaintiff shall either pay the filing fees for this action or submit a completed application for leave to proceed in forma pauperis. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WAYNE McCONICO,

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Plaintiff,

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No. 2:16-CV-1971-CMK

vs.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.
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Plaintiff, who is proceeding with retained counsel, brings this action under

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42 U.S.C. § 405(g) for judicial review of a final decision of the Commissioner of Social Security.

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Pending before the court is plaintiff’s motion for leave to proceed in forma pauperis (Doc. 2).

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The motion is incomplete. Specifically, in response to Question No. 2, plaintiff states that he is

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not employed, but does not state the date of his last employment, the amount of his take-home

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salary or wages, or the name and address of his last employer. Plaintiff will be provided an

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opportunity to either pay the filing fees for this action or submit a completed application for leave

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to proceed in forma pauperis. Plaintiff is cautioned that failure to comply with this order may

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result in dismissal of the action. See Local Rule 110.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 2) is denied

without prejudice;
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Within 15 days of the date of this order, plaintiff shall either pay the filing

fees for this action or submit a completed application for leave to proceed in forma pauperis.

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DATED: September 14, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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