Terry v. Social Security Administration

Filing 7

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiff shall have thirty (30) days from the date ofthis 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 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 prejudiceand without further notice. Response to Court due by 12/16/2013. Signed by Magistrate Judge Terry I. Adelman on 12/16/13. (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
Before the Court is plaintiff’s response to the Court’s November 14, 2013 Order
instructing him to file a completed CJA Form 23 relative to his motion for leave to commence this
action without payment of the required filing fee [Doc. #6]. See 28 U.S.C. § 1915(a).
Plaintiff has once again submitted a partially-completed financial affidavit CJA Form 23 in
support of his application for in forma pauperis status. Plaintiff has 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). Because
plaintiff is proceeding pro se, the Court will give him one last opportunity to either submit a fullycompleted CJA Form 23 or pay the $400 filing fee. If plaintiff fails to comply with this Order, the
Court will dismiss this action without prejudice and without further notice to him.

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

16th

day of December, 2013.

/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE

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