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Comuntzis v. Commissioner of Social Security

United States District Court, N.D. New York

September 18, 2014

MARK ALEXANDER COMUNTZIS, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendants.

LAW OFFICES OF STEVEN R. DOLSON, Syracuse, New York, Attorney for Plaintiff,

REPORT-RECOMMENDATION and ORDER

CHRISTIAN F. HUMMEL, Magistrate Judge.

Plaintiff Mark Comuntzis ("Comuntzis") commenced this action on June 30, 2014 under 42 U.S.C. § 405(g) seeking review of the Commissioner's decision denying him disability benefits. Compl. (Dkt. No. 1). On the same date, Comuntzis filed a motion for leave to proceed in forma pauperis. Dkt. No. 2. In an order filed July 7, 2014, Comuntzis' motion for leave to proceed in forma pauperis was denied given his assets and he was directed to pay the entire filing fee of $350 within thirty days of entry of the order. Dkt. No. 4. Comuntzis has failed to pay the $350 filing fee. Accordingly, since this action cannot proceed in the absence of Comuntzis' payment of the filing fee, it is hereby

RECOMMENDED that Comuntzis' complaint be DISMISSED in its entirety without prejudice pursuant to Fed.R.Civ.P. 16(f)(1)(C) and 37(b)(2)(A)(v) for Comuntzis' failure to comply with the Court's July 7, 2014 order; and it is hereby

Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette , 984 F.2d 85 (2d Cir. 1993) (citing Small v. Secretary of HHS , 892 F.2d 15 (2d Cir. 1989)); 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72, 6(a), 6(e).


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