Filing 6

ORDER - DENIED, Plaintiff's 5 Amended MOTION for Leave to Proceed in forma pauperis. $350.00 filing fee to be paid within THIRTY (30) DAYS of the docketing date of this order. Fee due by 3/13/2009.)Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on February 11, 2009. (cbj)

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Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION CHARLENE GILMORE, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. _______________________________ / ORDER Plaintiff has filed a complaint for judicial review of an adverse administrative decision of the Defendant and an amended motion for leave to proceed in forma pauperis (Docs. 1, 5). In the affidavit of financial status, Plaintiff indicates that her household's monthly income is approximately $2,008.56, with monthly debts totaling approximately $300.00 (Doc. 5 at 3, 4). It affirmatively appears that leave to proceed in forma pauperis should be denied, as Plaintiff and her husband have approximately $1,700.00 a month available in disposable income. Therefore, in order to proceed with this case, Plaintiff must pay the full filing fee of $350.00. Accordingly, it is ORDERED: 1. Plaintiff's amended motion for leave to proceed in forma pauperis (Doc. 5) is DENIED. To proceed with this case, Plaintiff shall submit payment of $350.00 to the clerk of this court within THIRTY (30) DAYS of the date of docketing of this order. 2. dismissed. DONE AND ORDERED this 11th day of February 2009. /s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE Failure to comply with this order may result in a recommendation that this case be Case No. 3:09cv14/RV/EMT

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