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Dunlap v. Astrue

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


January 21, 2010

CORINNA DUNLAP, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

ORDER

On December 30, 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. Plaintiff did not file objections to the findings and recommendations. Instead, on January 20, 2010, before the findings and recommendations had been adopted, 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 December 30, 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 No. 2, is deemed withdrawn; and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 December 30, 2009 findings and recommendations, Dckt. No. 4, are vacated as moot.

SO ORDERED.

20100121

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