Cornwell v. Commissioner of Social Security

Filing 5

ORDER signed by Magistrate Judge Craig M. Kellison on 7/17/2018 DENYING, without prejudice, 4 Motion to Proceed IFP. The Clerk of the Court is directed to provide plaintiff an IFP Application; Within 15 days, Plaintiff shall either pay the filing fees for this action or submit a completed application for leave to proceed IFP. (Fabillaran, J)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

REYNARD BYRD CORNWELL,

12
13
14

No. 2:17-cv-2640-CMK

Plaintiff,
vs.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

15
Defendant.
16
17

/
Plaintiff, who is proceeding pro se, brings this action for judicial review of a final

18

decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). On July 3, 2018,

19

plaintiff was ordered to submit a complete application to proceed in forma pauperis or pay the

20

filing fee. He was provided a blank application to use for this purpose. However, the application

21

received by the court was incomplete, consisting only of a partial unsigned application (Doc. 4).

22

As plaintiff was previously informed, before the court can consider whether to

23

grant a motion for leave to proceed in forma pauperis, a complete application is required.

24

Plaintiff will be provided one more opportunity to either pay the filing fees for this action or

25

submit a complete and signed application for leave to proceed in forma pauperis. Plaintiff is

26

cautioned that failure to comply with this order may result in dismissal of the action. See Local
1

1

Rule 110.

2

Accordingly, IT IS HEREBY ORDERED that:

3

1.

4
5
6
7
8

Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 4) is denied

without prejudice;
2.

The Clerk of the Court is directed to provide plaintiff an application for

leave to proceed in forma pauperis;
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.

9
10
11
12

DATED: July 17, 2018
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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