Johnson v. SSA

Filing 5

MEMORANDUM AND ORDER re: 2 ORDERED that plaintiff shall have fifteen (15) daysfrom the date of this Order to pay the statutory filing fee of $350.00, or to submit a fully completed CJA Form 23 (financial affidavit). FURTHER ORDERED that if plaintiff fails to comply with this Order, the case shall be dismissed, without prejudice and without further notice. Response to Court due by 2/12/2013.. Signed by District Judge Henry E. Autrey on 1/28/13. (Attachments: # 1 CJA Form 23)(CEL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ROBERT E. JOHNSON,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Defendant.

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No. 4:13CV26 HEA

OPINION, MEMORANDUM AND ORDER
Before the Court is plaintiff’s response to the January 8, 2013 Opinion,
Memorandum and Order, instructing him to file a completed CJA Form 23 in
support of his application for in forma pauperis status [Doc. #4]. The Court
specifically noted that plaintiff had failed to state if he has “other income,” and if
so, the amount received and the source thereof. In his response to this Court’s
Order, plaintiff again has failed to state if he has “other income.”
As such, plaintiff has not complied with the Court’s January 8 Order, and
the Court is unable to determine if plaintiff is financially unable to pay any portion
of the filing fee. See 28 U.S.C. § 1915(a), Local Rule 2.05(A). Rather than
dismiss this action, the Court will give plaintiff one last opportunity to comply
with its January 8 Order. Plaintiff must state whether or not he has received in the

past twelve months any income from a business, profession, or other form of selfemployment, or in the form of rent payments, interest, dividends, retirement or
annuity payments, or other sources, and if he has, he must provide the amount(s)
and the source(s) of that income.
In accordance with the foregoing,
IT IS HEREBY ORDERED that plaintiff shall have fifteen (15) days
from the date of this Order to pay the statutory filing fee of $350.00, or to submit a
fully completed CJA Form 23 (financial affidavit).
IT IS FURTHER ORDERED that if plaintiff fails to comply with this
Order, the case shall be dismissed, without prejudice and without further notice.
Dated this 28th day of January, 2013.

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HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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