MARTIN v. ASTRUE

Filing 10

ORDER re 1 Complaint filed by SUE RUDD MARTIN. - - JIM S MARTIN, surviving spouse, has been substituted as plaintiff (doc 8 ). - - The pending 3 MOTION for Leave to Proceed in forma pauperis is Denied without prejudice. - - Within thirty (30) days from the date of this order, plaintiff shall either pay the full $350.00 filing fee, or submit a new motion to proceed in forma pauperis along with an affidavit of financial status reflecting the assets of Sue Rudd Martin, as set forth herein. - - (Filing Fee due by 11/30/2009 ; Alternatively, IFP Motion due by 11/30/2009. ) - - Signed by MAGISTRATE JUDGE MILES DAVIS on October 29, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JIM S. MARTIN, as surviving spouse of Sue Rudd Martin, Petitioner, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Respondent. 5:09cv335/SPM/MD

ORDER The original claimant, Sue Rudd Martin, is deceased and Jim S. Martin, her surviving spouse, has been substituted as the plaintiff in this action. (Doc. 8). This cause is now before the court upon the pending motion to proceed in forma pauperis (doc. 3). The motion was signed by counsel for the plaintiff, and the supporting affidavit contains no information other than the notation "Claimant is deceased." Because the court cannot determine the plaintiff's eligibility for in forma pauperis status, the motion will be denied. Within thirty days from the date of this order, plaintiff shall either pay the full $350.00 filing fee, or in the alternative, submit a signed in forma pauperis motion, including an affidavit of financial status signed by Jim S. Martin as representative of his late wife, that reflects the assets and/or financial status of Sue Rudd Martin.

Accordingly, it is ORDERED: The pending motion to proceed in forma pauperis (doc. 3) is DENIED without prejudice. Within thirty (30) days from the date of this order, plaintiff shall either pay the

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full $350.00 filing fee, or submit a new motion to proceed in forma pauperis along with an affidavit of financial status reflecting the assets of Sue Rudd Martin, as set forth herein. Failure to comply with this order may result in a recommendation that this case be dismissed for failure to prosecute or failure to comply with an order of the court. DONE AND ORDERED this 29th day of October, 2009.

/s/

Miles Davis
MILES DAVIS UNITED STATES MAGISTRATE JUDGE

Case No: 5:09cv335/SPM/MD