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David L Winters v. Michael J. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


August 19, 2011

DAVID L WINTERS, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge:

ORDER

On August 12, 2011, David L. Winters filed a complaint against the Commissioner of Social Security, for judicial review of an administrative agency's decision (Doc. 2). Specifically, Winters seeks judicial review of the Commissioner's decision regarding claims for social security which adversely affects him. The Court notes that the complaint indicates that the named plaintiff is deceased and that the pending motion and affidavit to proceed in forma pauperis is signed by the deceased's son. A deceased person cannot file suit. Further, there is no indication that the deceased's son was substituted for the deceased at the administrative level.*fn1 Thus, the Court ALLOWS plaintiff ninety days to file an amended complaint with the proper plaintiff. Further, the Court denies at this time the motion to proceed in forma pauperis. The motion and affidavit may be refiled after the proper plaintiff is named.

IT IS SO ORDERED.

Chief Judge United States District Court


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