HORNE v. ASTRUE

Filing 4

ORDER re 1 Complaint filed by KENNETH HORNE - Pltf's 3 MOTION for Leave to Proceed in forma pauperis is DENIED. Pltf shall submit payment of $350.00 within THIRTY (30) DAYS of docketing date of this order. Civil Filing Fee due by 6/7/2009. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on May 8, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION KENNETH HORNE, 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 a motion for leave to proceed in forma pauperis (Docs. 1, 3). In the affidavit of financial status, Plaintiff indicates that his monthly income is approximately $2,772.00, with monthly debts totaling approximately $1,380.00 (Doc. 3, Affidavit at 3). It affirmatively appears that leave to proceed in forma pauperis should be denied, as Plaintiff has approximately $1,392.00 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 motion for leave to proceed in forma pauperis (Doc. 2) 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 8th day of May 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. 3:09cv194/MCR/EMT