Lumpkin v. Commissioner of Social Security

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA ROBERT JOSEPH L., JR, Plaintiff, Case No. C23-5656 RSM v. ORDER DISMISSING CASE COMMISSIONER OF SOCIAL SECURITY, Defendant.

On August 7, 2023, Plaintiff filed a pro se Complaint seeking Social Security benefits.

Dkt. 5-2. In his Complaint, Plaintiff alleges he was originally awarded benefits when he was 18 years old, but for reasons unknown, has since stopped receiving them. Dkt. 5-2. Plaintiff also filed an application to proceed in forma pauperis (IFP). Dkt. 5.

Plaintiff’s Complaint did not contain factual assertions sufficient to support a facially plausible claim for relief. Dkt. 7 at 1 (citing Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation omitted)). However, in view of Plaintiff’s pro se status, the Court granted Plaintiff until August 30, 2023 to show cause as to why this case should not be dismissed for failing to state a claim for relief. Dkt. 7. The Court advised Plaintiff that it would not rule on his request to proceed IFP until he had responded to the Court’s Order, and that Plaintiff’s failure to respond to the Order may result in the dismissal of this case. Id. Despite the Court’s multiple attempts to ensure Plaintiff was apprised of its Order, DISMISSED with prejudice.

2 The Clerk is directed to provide a copy of this Order to Plaintiff.

3 DATED this 8th day of September, 2023.

A 6 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE