McKay v. Commissioner of Social Security

Filing 7

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 8/20/15. 3 Application to Proceed in District Court Without Prepayment of Fees or Costs is denied. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-01421-GPG
DAVID MCKAY,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

ORDER OF DISMISSAL

Plaintiff, David McKay, is a resident of Denver, Colorado. On July 6, 2015,
Plaintiff filed pro se a “Title VII Complaint against the Social Security Administration”
(ECF No. 1) and an “Application to Proceed in District Court Without Prepaying Fees or
Costs” (ECF No. 3). On July 14, 2015, the Court found that the submitted documents
were deficient and ordered Plaintiff to cure certain designated deficiencies within thirty
days. (ECF No. 4). The Court further found that the Complaint was deficient because it
did not comply with the pleading requirements of Rule 8 of the Federal Rules of Civil
Procedure. For example, the Court explained to Plaintiff that if he was attempting to
seek judicial review of a decision denying his claim for social security disability benefits
he needed to allege when the Commissioner denied his claim for benefits and the
reason his claim was denied. The Court ordered Plaintiff to file an amended complaint
that complied with Rule 8 within thirty days of the Order if he wished to pursue his
claims. Plaintiff was warned that if he failed to file an amended complaint within the

time allowed, the action would be dismissed without further notice.
Plaintiff has not filed an amended complaint or cured the designated deficiencies.
Therefore, the action will be dismissed without prejudice for failure to cure the
deficiencies within the time allowed. 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 action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure because Plaintiff failed to cure the deficiencies
and file an amended complaint as directed. 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. It is
FURTHER ORDERED that the Application to Proceed in District Court Without
Prepayment of Fees or Costs (ECF No. 3) is DENIED.
DATED at Denver, Colorado, this

20th

day of

August

, 2015.

BY THE COURT:

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

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