Howard v. Commissioner of Social Security

Filing 14

ORDER denying plaintiff's 7 Motion to comply. Signed by Magistrate Judge Karen L. Litkovitz on 8/26/2013. (art)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Case No. 1: 13-cv-295 Spiegel, J. Litkovitz, M.J. DAVID C. HOWARD, Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, et al., ORDER This matter is before the Court on plaintiffs "motion to comply." (Doc. 7). On July 19, 2013, the Court granted plaintiffleave to proceed in forma pauperis in this matter. (Doc. 10). Plaintiffs "motion to comply" (Doc. 7) essentially seeks an order stopping the withdrawal of funds from his inmate account until his release from prison because he has limited funds to cover his other expenses while he is incarcerated. The obligation to pay the full filing fee attaches when a prisoner files his complaint. See McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997). The law is clearly established that events subsequent to the filing of the complaint do not negate the obligation to pay the fee. See In re Alea, 286 F.3d 378 (6th Cir.2002). Therefore, plaintiffs motion is DENIED. IT IS SO ORDERED. Date: ~~/;3 ~v~~ United States Magistrate Judge

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