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Leonard Baylor v. Michael Astrue

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


April 25, 2012

LEONARD BAYLOR, PLAINTIFF,
v.
MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On April 20, 2012, plaintiff filed, through his attorney, a complaint and an application to proceed informa pauperis pursuant to 28 U.S.C. § 1915 (Dkt. Nos. 2-3).*fn1

However, the application to proceed in forma pauperis neither relates to, nor is signed by, plaintiff Leonard Baylor. Instead, the application to proceed in forma pauperis relates to an individual named "Theodore Kuharski." Accordingly, plaintiff's application to proceed in forma pauperis is denied without prejudice.

For the foregoing reasons, IT IS HEREBY ORDERED that:

1. Plaintiff's application to proceed in forma pauperis (Dkt. No. 3) is denied without prejudice.

2. Within 30 days of the date of this order, plaintiff shall pay the applicable filing fee or file an amended application to proceed in forma pauperis. Plaintiff's failure to pay the filing fee or file an amended application will result in a recommendation that plaintiff's complaint be dismissed pursuant to Federal Rule of Civil Procedure 41(b), and shall also constitute plaintiff's consent to such involuntary dismissal.

IT IS SO ORDERED.


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