Opinion
13-CV-0067A
02-07-2013
MORGAN COX, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
Plaintiff, Morgan Cox, an inmate at the Greene Correctional Facility, filed a letter and a document entitled "Notice of Appeal". The letter and Notice of Appeal have been docketed as a complaint challenging a determination of the Social Security Administration denying plaintiff's claim for disability benefits. Plaintiff, however, has not paid the filing fee ($350.00) nor filed an application to proceed in forma pauperis and a Prison Authorization Form. A "prisoner," see 28 U.S.C. § 1915(h), cannot be granted permission to proceed in forma pauperis unless he first either pays the full filing fee or provides the Court with a signed Authorization authorizing the institution in which he is confined to pay the full $350.00 filing fee. See id., § 1915(b) (1)- (4) , and the attached Notice.
Accordingly, the plaintiff has until March 10, 2013 to (a) either furnish the Court with an application to proceed in forma pauperis which contains a completed Prison Certification Section and a signed Prison Authorization Form (a copy of which is attached hereto) or (b) pay the full filing fee of $350.00. If the Court does not receive the application to proceed in forma pauperis and signed Authorization or the full fee on or before such date, this action will be dismissed without further notice to the plaintiff.
Plaintiff is also directed to file an amended complaint by that same date, March 10, 2013, using the enclosed Social Security Complaint Form so that the Court can determine whether plaintiff has properly and timely exhausted his administrative remedies which is required prior to filing a complaint in the district court. See 42 U.S.C. § 405(g).
IT IS HEREBY ORDERED, that plaintiff must submit to the Clerk of the Court by March 10, 2013, either the full filing fee of $350.00 or an application to proceed in forma pauperis with a completed Prison Certification Section and a Prison Authorization Form;
FURTHER, that plaintiff must file an amended complaint utilizing the Court's Social Security Complaint Form by March 10, 2013;
FURTHER, that the Clerk of the Court shall forward to plaintiff with this Order an application to proceed in forma pauperis, a Prison Authorization Form, and a Social Security Complaint Form;
FURTHER, the Clerk of the Court is to close this case as dismissed without prejudice after March 10, 2013, if the plaintiff has not paid the full filing fee or provided the Court with an application to proceed in form pauperis with a completed Prison Certification Section and signed Prison Authorization Form by that date.
SO ORDERED.
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MICHAEL A. TELESCA
United States District Judge
Dated: February 5, 2013
Rochester, New York