McAfee v. Colvin

Filing 7

ORDER Granting 2 Application to Proceed in District Court Without Prepayment of Fess or Costs, and vacating 6 Order. By Judge Robert E. Blackburn on 9/14/2015. (agarc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 15-cv-01881-REB RODNEY JAMES MCAFEE, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ORDER VACATING PREVIOUS ORDER AND GRANTING PLAINTIFF’S APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS Blackburn, J. This matter is before me sua sponte. On September 2, 2015, I entered an Order [#6],1 denying without prejudice plaintiff’s Application To Proceed in District Court Without Prepaying Fees or Costs [#2], filed August 31, 2015, for failure to use the proper form. In fact, it was the court which was in error. The form plaintiff filed in fact was the proper form for application to proceed in forma pauperis in this court. Having reviewed the application, the court finds that plaintiff should be granted leave to proceed under 28 U.S.C. § 1915 solely on the basis of inability to prepay fees or give security therefor. THEREFORE, IT IS ORDERED as follows: 1. That the court’s Order [#6], filed September 2, 2015, is vacated; and 1 “[#6]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order. 2. That plaintiff’s Application To Proceed in District Court Without Prepaying Fees or Costs [#2], filed August 31, 2015, is granted. Dated September 14, 2015, at Denver, Colorado. BY THE COURT: 2

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