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MacDowell v. Comissioner of Social Security, 2:19-cv-00065-AC. (2019)

Court: District Court, E.D. California Number: infdco20190225734 Visitors: 8
Filed: Feb. 22, 2019
Latest Update: Feb. 22, 2019
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . On January 9, 2019, plaintiff, who is represented by counsel, filed a deficient application to proceed in forma pauperis ("IFP"). ECF No. 2. On January 16, 2019, the court gave plaintiff 30 days to file an amended IFP application. ECF No. 3. Though plaintiff was cautioned that failure to do so would result in a recommendation of dismissal for failure to prosecute, he did not timely file an amended IFP application. On February 20, 2019, the court is
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ORDER

On January 9, 2019, plaintiff, who is represented by counsel, filed a deficient application to proceed in forma pauperis ("IFP"). ECF No. 2. On January 16, 2019, the court gave plaintiff 30 days to file an amended IFP application. ECF No. 3. Though plaintiff was cautioned that failure to do so would result in a recommendation of dismissal for failure to prosecute, he did not timely file an amended IFP application.

On February 20, 2019, the court issued an order to show cause ("OSC") why this case should not be dismissed for failure to prosecute in light of plaintiff's failure to submit his IFP application on the correct prisoner IFP form. ECF No. 4. Plaintiff's counsel responded by re-filling the exact same motion to proceed IFP that the court initially found deficient. ECF No. 5. Plaintiff's filing does not discharge the OSC because it is not an amended IFP application. Plaintiff must file the appropriately amended IFP application no later than March 6, 2019, or sanctions will issue.

SO ORDERED.

Source:  Leagle

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