Foster v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Craig M. Kellison on 4/12/2017 DENYING 2 Motion to Proceed IFP; ORDERING the plaintiff to pay the filing fee or submit a completed Application for Leave to Proceed In Forma Pauperis within 15 days. (Michel, G.)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DIMITRIUS FOSTER,

12

Plaintiff,

13
14

No. 2:17-CV-0439-CMK

vs.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

15
Defendant.
16
/
17
18

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

19

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

20

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

21

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

22

not currently employed and, in response to Question No. 2(b) that she was last employed in 2009

23

by L.B. Construction in Roseville, California, but does not state the amount of her take-home

24

salary or wages for her last employer. Plaintiff will be provided an opportunity to either pay the

25

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

26

pauperis. Plaintiff is cautioned that failure to comply with this order may result in dismissal of
1

1

the action. See Local Rule 110.

2

Accordingly, IT IS HEREBY ORDERED that:

3

1.

4
5
6

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

without prejudice;
2.

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.

7
8
9
10

DATED: April 12, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2