(SS) Coxey v. Commissioner of Social Security, No. 2:2009cv02530 - Document 5 (E.D. Cal. 2009)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 12/15/2009 ORDERING 2 Motion to Proceed IFP is deemed withdrawn; and 4 FINDINGS AND RECOMMENDATIONS are vacated as moot. (Matson, R)

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(SS) Coxey v. Commissioner of Social Security Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PATTIE A. COXEY, 11 Plaintiff, 12 13 No. CIV S-09-2530 GEB EFB vs. MICHAEL J. ASTRUE, Commissioner of Social Security, ORDER 14 Defendant. / 15 On October 19, 2009, the undersigned issued findings and recommendations herein 16 17 which recommended that plaintiff’s application to proceed in this action in forma pauperis be 18 denied. Dckt. No. 4. On October 30, 2009, before the time for objecting to the findings and 19 recommendations had expired, plaintiff paid the filing fee. The undersigned will construe that 20 payment as a withdrawal of plaintiff’s in forma pauperis application and will therefore vacate 21 the October 19, 2009 findings and recommendations as moot. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. Plaintiff’s application to proceed in forma pauperis, Dckt. No. 2, is deemed 24 withdrawn; and 25 //// 26 //// 1 Dockets.Justia.com 2. The October 19, 2009 findings and recommendations, Dckt. No. 4, are vacated as 1 2 moot. 3 SO ORDERED. 4 DATED: December 15, 2009. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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