Taylor v. Social Security Appeal Council

Filing 6

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 7/6/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-01074-GPG
JOHNNY A. TAYLOR,
Plaintiff,
v.
SOCIAL SECURITY APPEAL COUNCIL,
Defendant.

ORDER OF DISMISSAL

Plaintiff, Johnny A. Taylor, initiated this action by filing pro se a Complaint (ECF
No. 1) seeking judicial review of a decision by the Commissioner of Social Security
denying his claim for social security disability benefits. On May 26, 2015, Magistrate
Judge Gordon P. Gallagher ordered Mr. Taylor to file an amended complaint that
complies with the pleading requirements of Rule 8 of the Federal Rules of Civil
Procedure. Magistrate Judge Gallagher specifically noted that Mr. Taylor failed to
provide a short and plain statement of his claims showing he is entitled to relief because
he failed to allege when his claim for social security disability benefits was denied, the
reason his administrative claim was denied, and why he believes the administrative
decision was erroneous. Mr. Taylor was warned that the action would be dismissed
without further notice if he failed to file an amended complaint within thirty days.
Mr. Taylor has failed to file an amended complaint that complies with the
pleading requirements of Rule 8 within the time allowed and he has failed to respond in

any way to Magistrate Judge Gallagher’s May 26 order. Therefore, the action will be
dismissed without prejudice for failure to prosecute and comply with a court order.
Furthermore, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from
this order would not be taken in good faith and therefore in forma pauperis status will be
denied for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438
(1962). If Plaintiff files a notice of appeal he also must pay the full $505 appellate filing
fee or file a motion to proceed in forma pauperis in the United States Court of Appeals
for the Tenth Circuit within thirty days in accordance with Fed. R. App. P. 24.
Accordingly, it is
ORDERED that the Complaint (ECF No. 1) and the action are dismissed without
prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr.
Taylor failed to prosecute and comply with a court order. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied without prejudice to the filing of a motion seeking leave to proceed in forma
pauperis on appeal in the United States Court of Appeals for the Tenth Circuit.
DATED at Denver, Colorado, this

6th

day of

July

, 2015.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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