(SS) Dunlap v. Commissioner of Social Security, No. 2:2009cv03446 - Document 9 (E.D. Cal. 2010)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 1/21/10: Plaintiff's application to proceed in forma pauperis 2 , is deemed withdrawn. The December 30, 2009 findings and recommendations are vacated as moot 4 . (Kaminski, H)

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(SS) Dunlap v. Commissioner of Social Security Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CORINNA DUNLAP, 11 Plaintiff, 12 13 No. CIV S-09-3446 GEB EFB vs. MICHAEL J. ASTRUE, Commissioner of Social Security, ORDER 14 Defendant. / 15 16 On December 30, 2009, the undersigned issued findings and recommendations herein 17 which recommended that plaintiff’s application to proceed in this action in forma pauperis be 18 denied. Dckt. No. 4. Plaintiff did not file objections to the findings and recommendations. 19 Instead, on January 20, 2010, before the findings and recommendations had been adopted, 20 plaintiff paid the filing fee. The undersigned will construe that payment as a withdrawal of 21 plaintiff’s in forma pauperis application and will therefore vacate the December 30, 2009 22 findings and recommendations as moot. 23 Accordingly, IT IS HEREBY ORDERED that: 24 1. Plaintiff’s application to proceed in forma pauperis, Dckt. No. 2, is deemed 25 withdrawn; and 26 //// 1 Dockets.Justia.com 2. The December 30, 2009 findings and recommendations, Dckt. No. 4, are vacated as 1 2 3 4 moot. SO ORDERED. DATED: January 21, 2010. 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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