Terry v. Social Security Administration

Filing 5

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiff shall have thirty (30) days from the date of this Order to pay the statutory filing fee of $400, or to submit a fully-completed CJA Form 23 (financial affidavit). IT IS FURTHER ORDERED th at, upon plaintiffs submission of a fully-completed CJA Form 23, the Clerk shall cause this case to be resubmitted for review under 28 U.S.C. §1915. IT IS FURTHER ORDERED that if plaintiff fails to pay the filing fee or to submit a fully-completed CJA Form 23 within thirty days, this case shall be dismissed, without prejudice and without further notice. Response to Court due by 12/16/2013. Signed by Magistrate Judge Terry I. Adelman on 11/14/13. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

HENRY A. TERRY
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No. 1:13-CV-150-TIA

MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiff’s motion for leave to commence
this action without payment of the required filing fee [Doc. #2]. See 28 U.S.C. § 1915(a).
Plaintiff has submitted a partially-completed financial affidavit CJA Form 23 in support of
his application for in forma pauperis status [Doc. #4]. Plaintiff has failed to state whether he is
presently employed, and if he is, how much he earns per month. Plaintiff has also failed to state
whether he has any cash on hand or money in a savings or checking account, and if he does, the
total amount of said account(s). As such, the Court is unable to determine, at this time, if he is
financially unable to pay any portion of the filing fee. See 28 U.S.C. § 1915(a), Local Rule
2.05(A).
In accordance with the foregoing,
IT IS HEREBY ORDERED that plaintiff shall have thirty (30) days from the date of
this Order to pay the statutory filing fee of $400, or to submit a fully-completed CJA Form 23
(financial affidavit).

IT IS FURTHER ORDERED that, upon plaintiff’s submission of a fully-completed
CJA Form 23, the Clerk shall cause this case to be resubmitted for review under 28 U.S.C. §
1915.
IT IS FURTHER ORDERED that if plaintiff fails to pay the filing fee or to submit a
fully-completed CJA Form 23 within thirty days, this case shall be dismissed, without prejudice
and without further notice.
Dated this 14th

day of November 2013.

/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE

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