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McKay v. Commissioner of Social Security

United States District Court, D. Colorado

July 14, 2015

DAVID MCKAY, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES AND FILE AMENDED COMPLAINT

Gordon P. Gallagher United States Magistrate Judge

Plaintiff, David McKay, has filed pro se a Title VII Complaint against the Social Security Administration. (ECF No. 1). He has also submitted an Application to Proceed in District Court without Prepaying Fees or Costs. (ECF No. 3). The court must construe the Complaint liberally because Mr. McKay is not represented by an attorney. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the court should not be an advocate for a pro se litigant. See Hall, 935 F.2d at 1110.

As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(a), the Court has determined that the documents are deficient as described in this order. Plaintiff will be directed to cure the following if he wishes to pursue his claims. Any papers that Plaintiff files in response to this order must include the civil action number noted above in the caption of this order.

Application to Proceed in District Court Without Prepaying Fees or Costs:

(1) __ is not submitted

(2) __ is not on proper form (must use the Federal Court’s current form)

(3) __ is missing original signature by Plaintiff

(4) __ is missing affidavit

(5) X affidavit is incomplete (please complete all sections, including employment history)

(6) __ affidavit is not properly notarized

(7) __ names in caption do not match names in caption of complaint, petition or application

(8) __ other:

Complaint or Petition:

(9) __ is not ...


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