Skelton v. SSA

Filing 6

ORDER - plaintiffs complaint is DISMISSED. Signed on 8/9/11 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHWESTERN DIVISION
ROBERT SKELTON,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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Case No. 3:11-cv-05059-FJG

ORDER
This matter has been reassigned to this Court following the entry of Magistrate
Judge Larsen’s orders of July 8, 2011 (Doc. #3) and August 2, 2011 (Doc. #4). On
June 28, 2011, Plaintiff Robert Skelton filed a pro se complaint along with a petition to
proceed in forma pauperis and accompanying affidavit. Magistrate Judge Larsen
denied the petition on the ground that Plaintiff indicated that he has not presented his
claim for administrative review by the Social Security Commissioner, and therefore the
Court does not have subject matter jurisdiction. Magistrate Judge Larsen further
ordered that, in the event Plaintiff’s case actually has gone through the initial denial of
benefits, administrative hearing before an Administrative Law Judge, and denial of
benefits by the Administrative Law Judge and by the Appeals Council, he was to have
filed a motion to reconsider by July 29, 2011. If he did not timely file a motion to
reconsider or pay the required filing fee by the same date, the Magistrate Judge ordered
that the case would be transferred to an Article III District Judge for dismissal.
Plaintiff filed nothing further, and has not paid the filing fee. Magistrate Judge
Larsen thus entered an order that the Clerk of Court randomly reassign this case to an

Article III District Judge for entry of an order of dismissal. Having reviewed the matter,
the Court finds such an order to be appropriate.
Accordingly, it is hereby ORDERED that Plaintiff’s complaint is DISMISSED.
IT IS SO ORDERED.

Date: August 9, 2011
Kansas City, Missouri

/S/ FERNANDO J. GAITAN, JR.
Fernando J. Gaitan, Jr.
Chief United States District Judge