Simkins v. Social Security, Commissioner of

Filing 4

ORDER TO CORRECT DEFICIENCY (Plaintiff's Response due by 1/26/2016) - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ANTHONY SIMKINS,
Plaintiff,
v.

Civil Action No. 15-12731
Honorable Sean F. Cox
Magistrate Judge R. Steven Whalen

COMISSIONER OF
SOCIAL SECURITY,
Defendant.
__________________________/
ORDER TO CORRECT DEFICIENCY
Plaintiff Anthony Simkins filed a complaint in this Court on July 27, 2015,
seeking judicial review of the final decision of the Defendant Commissioner denying
Social Security Disability benefits. Plaintiff is proceeding without an attorney.
Plaintiff has not paid the filing fee of $400.00, nor has he filed an application
for leave to proceed in forma pauperis (“IFP”), which would excuse him from prepaying the filing fee. In addition, although more than 120 days have passed since the
complaint was filed, the Defendant Commissioner has not been served. The
complaint is therefore subject to dismissal under Fed.R.Civ.P. 4(m), as well as for
failure to pay the filing fee or ask for IFP status.
IT IS THEREFORE ORDERED that within 21 days of the date of this Order,

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the Plaintiff must either pay the entire filing fee of $450.00, OR submit a signed
application to proceed without payment of the fee, and for service by the United
States Marshals. An application form is included with this Order.
If Plaintiff does not comply with this Order, I will recommend that his
complaint be dismissed.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Date: January 4, 2016

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on January 4, 2016, electronically and/or by U.S. mail.
s/C. Ciesla
Case Manager

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