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Coxey v. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 15, 2009

PATTIE A. COXEY, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

ORDER

On October 19, 2009, the undersigned issued findings and recommendations herein which recommended that plaintiff's application to proceed in this action in forma pauperis be denied. Dckt. No. 4. On October 30, 2009, before the time for objecting to the findings and recommendations had expired, plaintiff paid the filing fee. The undersigned will construe that payment as a withdrawal of plaintiff's in forma pauperis application and will therefore vacate the October 19, 2009 findings and recommendations as moot.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's application to proceed in forma pauperis, Dckt. No. 2, is deemed withdrawn; and

2. The October 19, 2009 findings and recommendations, Dckt. No. 4, are vacated as moot.

SO ORDERED.

20091215

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