Beaver v. Colvin

Filing 8

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff shall have fifteen (15) days from the date of this Order to pay the statutory filing fee of $400.00, or to submit a fully completed CJA Form 23 (financial affidavit).IT IS FURTHER ORDERE D that plaintiff's original motion for leave to proceed in forma pauperis Doc. # 2 is DENIED as moot. IT IS 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 3/6/2014.) Signed by District Judge John A. Ross on 2/19/14. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CALVIN A. BEAVER,
Plaintiff,
v.
CAROLYN W. COLVIN,
Defendant.

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No. 4:13-CV-2505-JAR

MEMORANDUM AND ORDER
Before the Court is plaintiff’s response to the January 22, 2014
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, inter alia, that plaintiff had failed to state if he has any cash on
hand or money in a savings or checking account, and if he does, the total amount.
In his response to this Court’s Order, plaintiff again has failed to provide this
information.
As such, plaintiff has not complied with the Court’s January 22 Order, and
the Court is unable to determine 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). Rather than dismiss this
action, the Court will give plaintiff one last opportunity to comply with its January

22 Order. Plaintiff must state whether he has any cash on hand or money in a
savings or checking account, and if he does, he must state the total amount.
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 $400.00, or to submit a fully
completed CJA Form 23 (financial affidavit).
IT IS FURTHER ORDERED that plaintiff’s original motion for leave to
proceed in forma pauperis [Doc. #2] is DENIED as moot.1
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 19th day of February, 2014.

_________________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

1

Plaintiff filed a second motion for leave to proceed in forma pauperis on
February 13, 2014 [Doc. #7].
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