Opinion
NO: 2:20-CV-76-RMP
11-02-2020
ANTOINE B., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM
On May 4, 2020, the Court reviewed the legal sufficiency of Plaintiff Antoine B's Complaint because Plaintiff is proceeding in forma pauperis. See 28 U.S.C. 76§1915(e)(2). When a litigant proceeds in forma pauperis, the district court is required to screen that litigant's complaint for legal sufficiency and must dismiss the action if it fails to state a claim upon which relief may be granted. Id. Upon review, the Court found that Plaintiff's Complaint did not state a claim upon which relief may be granted because Plaintiff did not allege that the Appeals Council issued a decision in this case or that Plaintiff even sought review from the Appeals Council. ECF No. 7 at 2; see 42 U.S.C. § 405(g); Sims v. Apfel, 530 U.S. 103, 106-107 (2000).
In the interest of protecting Plaintiff's privacy, the Court will use Plaintiff's first name and last initial, and, subsequently, Plaintiff's first name only, throughout this decision. --------
The Court granted Plaintiff sixty (60) days to submit a First Amended Complaint curing the deficiencies explained in the Court's Order. ECF No. 7 at 4. The deadline expired on July 6, 2020, and Plaintiff has yet to amend or voluntarily dismiss his Complaint. Therefore, this case will be dismissed for failure to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii).
Accordingly, IT IS HEREBY ORDERED: Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED. The District Court Clerk is directed to enter this Order, enter a judgment of dismiss without prejudice, provide a copy to Plaintiff and to counsel, and close this case.
DATED November 2, 2020.
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge