United States District Court, N.D. New York
September 18, 2014
MARK ALEXANDER COMUNTZIS, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendants.
LAW OFFICES OF STEVEN R.
DOLSON, Syracuse, New York, Attorney for Plaintiff,
REPORT-RECOMMENDATION and ORDER
CHRISTIAN F. HUMMEL,
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
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
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).