Opinion
No. 12-cv-0037 SMV
01-18-2012
DANIEL MARTINEZ, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security Administration, Defendant.
ORDER STRIKING [DOC. 2]
THIS MATTER is before the Court on Plaintiff's proposed Order Granting Application to Proceed In Forma Pauperis and Directing Service [Doc. 2] and on an insufficiently completed version of the Court's Application to Proceed In District Court Without Prepaying Fees or Costs [Doc. 2-1], both of which were filed January 12, 2012. The Court will strike the filing [Doc. 2] in its entirety for failure to follow FED. R. CIV. P. 7(b) and 28 U.S.C. § 1915(a). See Atkins v. Sullivan, 387 F.2d 140, 141 (10th Cir. 1967) (affirming trial court's denial of motions to proceed under § 1915 where the supporting affidavits, inter alia, were not signed).
Counsel for Plaintiff is encouraged to re-file his submission in accordance with proper procedure. Specifically, counsel should file a motion, requesting the relief that Plaintiff desires. See FED. R CIV. P. 7(b). If counsel submits a proposed order, it should be directed to chambers, rather than filed on the record. Morever, any affidavit in support of a motion to proceed in forma pauperis must be signed by the Plaintiff himself and must in all other respects constitute an affidavit, as required by § 1915(a). See generally 28 U.S.C. § 1746 (addressing unsworn declarations).
IT IS THEREFORE ORDERED that [Doc. 2] is STRICKEN from the record.
IT IS SO ORDERED.
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STEPHAN M. VIDMAR
United States Magistrate Judge