(SS) Beyer v. Commissioner of Social Security ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARTIN JONATHAN BEYER, ) Case No.: 1:23-cv-01041-GSA ) 12 Plaintiff, ) ORDER TO SHOW CAUSE WHY THIS CASE ) SHOULD NOT BE DISMISSED FOR FAILURE 13 v. ) TO PAY THE FILING FEE ) 14 COMMISSIONER OF SOCIAL SECURITY, ) ) 15 Defendant. ) ) 16 17 Plaintiff Martin Jonathan Beyer initiated this action by filing a complaint for judicial review of 18 the administrative decision denying his application for Social Security benefits. (Doc. 1.). Plaintiff filed 19 an application to proceed in forma pauperis. (Doc. 3). On July 19, 2023 the Magistrate Judge entered 20 Findings and Recommendations to deny the application to proceed in forma pauperis and to direct 21 Plaintiff to pay the filing fee. (Doc. 5). The Findings and Recommendations advised Plaintiff that 22 objections were due within 14 days thereof (L.R. 304(b)), and that failure to file objections within the 23 specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838–39 24 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). Plaintiff did not file 25 objections to the Findings and Recommendations. On September 5, 2023, the Court adopted the Findings 26 and Recommendations and directed Plaintiff to pay the filing fee within 30 days, which Plaintiff has not 27 done. Accordingly, Plaintiff was directed to either pay the filing fee or show cause in writing why the 28 1 filing fee has not been paid. Plaintiff has done neither and the response is overdue. If Plaintiff’s financial 2 circumstances have changed, Plaintiff may file an amended application to proceed IFP. 3 Accordingly, within 14 days of the entry of this order, Plaintiff is directed to either pay the filing 4 fee or show cause in writing why the filing fee has not been paid and when Plaintiff anticipates being 5 able to pay the fee. Failure to comply with this order may result in the dismissal of this action. 6 7 IT IS SO ORDERED. 8 Dated: December 5, 2023 /s/ Gary S. Austin 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28