Downs v. Social Security Administration

Filing 11

REPORT AND RECOMMENDATION: In light of this history, and due to plaintiff's failure to properly file this action, the Magistrate Judge hereby RECOMMENDS that his complaint be DISMISSED. Signed by Magistrate Judge John S. Bryant on 8/17/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
STEPHEN A. DOWNS, JR.
v.
SOCIAL SECURITY ADMINISTRATION

To:

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No. 3:14-2411
Judge Trauger/Bryant

The Honorable Aleta A. Trauger, District Judge

REPORT AND RECOMMENDATION
On December 31, 2014, the pro se plaintiff filed his complaint seeking judicial
review of an adverse decision by the Social Security Administration on his claims for
disability benefits. (Docket Entry No. 1) Within his complaint, plaintiff included a “Motion
to Proceed In Forma Pauperis and Waive Filing Fee,” requesting that the Court “waive the
filing fee in this case because the plaintiff is in no position to afford the filing fee and would
be harmed in redressing his claims against the agency.” Id. at 3. This action was
subsequently referred to the undersigned for, e.g., consideration of plaintiff’s pauper status.
(Docket Entry No. 2) Upon considering plaintiff’s motion, the undersigned issued the
following Order:
This allegation of poverty is not declared under penalty of perjury, nor does it
itemize plaintiff’s assets in a manner which would permit a ruling. The Clerk
is DIRECTED to send plaintiff an appropriate form application to proceed in
District Court without prepaying fees or costs. Within twenty-one (21) days
of receiving the application, plaintiff shall complete and return it for the
undersigned’s consideration pursuant to the referral order (Docket Entry No.
2).
(Docket Entry No. 5) (emphasis in original) The docket reflects that plaintiff was served

with a copy of the undersigned’s Order by certified mail, and that proof of such service was
received in the Clerk’s Office on January 26, 2016. (Docket Entry Nos. 6, 7)
As of July 14, 2016, plaintiff had not filed a proper application to proceed in

forma pauperis, nor had he made any other contact with the court. The undersigned
therefore entered an order on that day (Docket Entry No. 8) directing plaintiff to show cause
within thirty days why his complaint should not be dismissed for failure to either pay the
filing fee or, as previously directed, prove his inability to pay the fee by submitting a proper
application for pauper status. Plaintiff was forewarned that failure to make such a showing
would likely result in the dismissal of his complaint. Id. The docket reflects that the
certified mailing of this show cause order was returned to the Court as unclaimed, with no
forwarding address available. (Docket Entry No. 10) As of the date of this report, plaintiff
has made no response to the show cause order.
In light of this history, and due to plaintiff’s failure to properly file this action,
the Magistrate Judge hereby RECOMMENDS that his complaint be DISMISSED.

Any party has fourteen (14) days from receipt of this Report and
Recommendation in which to file any written objections to it with the District Court. Any
party opposing said objections shall have fourteen (14) days from receipt of any objections
filed in which to file any responses to said objections. Failure to file specific objections
within fourteen (14) days of receipt of this Report and Recommendation can constitute a
waiver of further appeal of this Recommendation. Thomas v. Arn, 474 U.S. 140 (1985);
Cowherd v. Million, 380 F.3d 909, 912 (6th Cir. 2004)(en banc).

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ENTERED this 17th day of August, 2016.

s/ John S. Bryant
JOHN S. BRYANT
UNITED STATES MAGISTRATE JUDGE

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