Jones v. Commissioner of Social Security
| Rufus Jones |
| Commissioner of Social Security and Monroe County Department of Human Services |
| 6:2017cv06558 |
| August 11, 2017 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| Charles J. Siragusa |
| Disability Insurance |
| 42 U.S.C. ยง 405 |
| None |
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Filing
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DECISION AND ORDER. This action is dismissed with prejudice due to Plaintiff's failure to comply with the Courts prior Decision and Order [#14]. The Clerk of the Court is directed to close this action. The Court hereby certifies, pursuant to 2 8 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appe al as a poor person should be directed, on motion, to the United States Court of Appeals for the Second Circuit, in accordance with Rule 24 of the Federal Rules of Appellate Procedure.Signed by Hon. Charles J. Siragusa on 7/25/18. Copy of this NEF and decision and order mailed to pro se plaintiff at 150 VanAuker Street, Apt 6E, Rochester, NY 14608 (KAP)-CLERK TO FOLLOW UP-
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Filing
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DECISION AND ORDER denying 7 Motion ; denying 9 Motion for Preliminary Injunction; denying 9 Motion to Expedite; granting 11 Motion to Dismiss for Failure to State a Claim; granting 11 Motion to Dismiss for Lack of Jurisdiction; denying 12 Motion for Recusal ; denying 13 Motion 1. Monroe County Department of Human Services motion to dismiss [#11] is granted, this action is dismissed as to Monroe County, and the Clerk is directed to terminate Monroe County Department of Hum an Services as a party to this action;2. Plaintiffs pending motions [#7][#9][#12][#13] are denied;3. The remainder of this action shall be dismissed unless, within thirty (30) days of the date of this Decision and Order, Plaintiff files an amended co mplaint that clarifies the nature of his objection to the Appeals Councils decision dated April 17, 2017; such amended complaint shall not exceed three (3) pages in length, which is more than sufficient for Plaintiff to succinctly explain the nature of his claim; Plaintiff may also attach a copy of the Appeals Councils April 17, 2017 decision and any ALJ decision to which the Appeals Councils decision specifically refers;4. Along with the amended complaint, Plaintiff shall file a new motion for leave to proceed in forma pauperis; such new application shall include Plaintiffs monthly income from all sources, including any type of government benefits, as well as the monthly income of any members of Plaintiffs household (such application must be either typed or completed in clearly legible handwriting); the prior order [#5] granting Plaintiff leave to proceed in forma pauperis is vacated inasmuch as it is now clear that the Court did not have accurate or sufficient information upon which to make the necessary inquiry under 28 U.S.C. § 1915(e)(2) when it issued that order; 5. In the event that Plaintiff fails to file an amended complaint and new application to proceed in forma pauperis within thirty (30) days of the date of t his Decision and Order, the Clerk of the Court is directed to close this action without further order of the Court; and6. In the event that the action is dismissed due to Plaintiffs failure to file an amended complaint and new application to proceed in forma pauperis as ordered above, the Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and leave to appeal to the Court of Appeals as a poor person is denied. Copped ge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal as a poor person should be directed, on motion, to the United States Court of Appeals for the Second Circuit, in accordance with Rule 24 of the Federal Rules of Appellate Procedure. Signed by Hon. Charles J. Siragusa on 12/11/17. Copy of this decision and order and the NEF mailed to pro se plaintiff at 150 VanAuker Street, Apt 6E,Rochester, NY 14608 (KAP)-CLERK TO FOLLOW UP-
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