Gibson v. Saul
| Kenneth C Gibson |
| Andrew Saul |
| Social Security Administration |
| 3:2020cv00145 |
| February 2, 2020 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Sarah A L Merriam |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 0405 dc |
| None |
Docket Report
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| Filing 17 NOTICE by Kenneth C Gibson Consent & Reference to Magistrate Judge (Collins, Jennifer) |
Filing 16
ORDER OF TRANSFER. Absent consent to a Magistrate Judge, the case is reassigned to Judge Kari A. Dooley for all further proceedings. Signed by Clerk on 3/11/2020.(Anastasio, F.)
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Filing 15
REMINDER: Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 2/20/2020. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 14 NOTICE of Appearance by Fitzhugh Nicol on behalf of Andrew Saul (Nicol, Fitzhugh) |
| Answer deadline updated for Andrew Saul to 4/10/2020. (Caffrey, A.) |
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Filing 13
ORDER terminating #2 Motion for Leave to Proceed in forma pauperis as MOOT in light of the Court's Order granting #10 Amended Motion for Leave to Proceed in forma pauperis. See Doc. # 12 . It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/10/2020. (Scholfield, D.)
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Filing 12
ORDER granting #10 Amended Motion for Leave to Proceed in forma pauperis. Plaintiff has filed an amended motion seeking to proceed without payment of fees and costs, which motion includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #10 . Plaintiff has completed the required information. Plaintiff indicates that he has been unemployed since 2002, has no assets, and that he receives SNAP benefits for food, as well as limited cash assistance. See id. at 3-5. Plaintiff further indicates that the government benefits he receives barely cover his monthly expenses. See id. At this stage, such allegations are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. 28 U.S.C. 1915(a)(1). Accordingly, plaintiff's #10 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/10/2020. (Scholfield, D.)
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| Filing 11 AMENDED COMPLAINT OCR formatted against Andrew Saul, filed by Kenneth C Gibson.(Collins, Jennifer) |
| Filing 10 Amended MOTION for Leave to Proceed in forma pauperis by Kenneth C Gibson. (Collins, Jennifer) |
| Filing 9 AMENDED COMPLAINT against Andrew Saul, filed by Kenneth C Gibson.(Collins, Jennifer) |
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Filing 8
ORDER. Plaintiff has filed a Complaint for review of a decision of the Social Security Administration. (Doc. #1 ). All civil actions brought in this District pursuant to 42 U.S.C. 405(g) are subject to the Standing Scheduling Order Social Security Cases ("Standing Order"), which has been docketed in this case. See Doc. #4 . The Standing Order sets forth a number of rules, including that a complaint may not include argument. See Doc. #4 at 1. Further, the Standing Order directs that "[a]ll Complaints filed pursuant to this Order shall state the Plaintiff's full Social Security Number." Id. at 2. The Commissioner cannot prepare the Administrative Record without this information. "The Certified Administrative Record and all other filings are exempt from any redaction requirements." Id.Plaintiff's Complaint contains extensive argument, and redacts plaintiff's full social security number, rendering the Complaint both improper and insufficient. Accordingly, on or before February 17, 2020, plaintiff shall file an Amended Complaint that corrects the deficiencies identified in this Order, and that otherwise fully complies with all requirements of the Standing Order. It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/3/2020. (Scholfield, D.)
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Filing 7
ORDER regarding #2 Motion for Leave to Proceed in forma pauperis. The plaintiff has filed a motion seeking to proceed without payment of fees and costs, along with a financial affidavit. (Doc. #2 ). Plaintiff asserts in his affidavit that he has been unemployed since 2002, and that he receives $194 per month in government benefits. See Doc. #2 at 3. Beyond these assertions, the affidavit provides almost no information. Plaintiff claims that his only expense is $100 per month in rental payments. See Doc. #2 at 4. Plaintiff has simply drawn a line through all of the other sections of the affidavit, including other expenses, assets, and any money in bank accounts. See generally Id. Plaintiff's affidavit is incomplete, leaving the Court unable to assess the merits of the motion. "The court may deny an application to proceed in forma pauperis if [the applicant] fails to submit the required financial information[.]" Whatley v. Astrue, No. 5:11CV01009(NAM)(ATB), 2011 WL 5222908, at *1 (N.D.N.Y. Oct. 14, 2011), report and recommendation adopted, 2011 WL 5196716 (Oct. 31, 2011); Schwarz v. I.R.S., 998 F. Supp. 201, 202 (N.D.N.Y. 1998) (denying application to proceed in forma pauperis as incomplete). Accordingly, on or before February 17, 2020, plaintiff shall file an amended affidavit. Plaintiff must complete all of the required information, including any monthly obligations, any other sources of financial support, or any other information that is pertinent to his financial status. Plaintiff may indicate that his obligations are "$0" or that a particular question does not apply to his situation, but he may not leave significant sections of the affidavit form entirely blank. It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/3/2020. (Scholfield, D.)
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| Filing 6 Docket Entry Correction re #3 Standing Order on Social Security Appeal - ADDED PDF - Consent Form (Fazekas, J.) |
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 02/02/2020.(Fazekas, J.)
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Filing 4
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 02/02/2020.(Fazekas, J.)
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Filing 3
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 02/02/2020.(Fazekas, J.) (Additional attachment(s) added on 2/3/2020: #1 PDF ADDED - Consent Form) (Fazekas, J.).
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| Answer deadline updated for Andrew Saul to 4/2/2020. (Fazekas, J.) |
| Judge Stefan R. Underhill and Judge Sarah A. L. Merriam added. Motions referred to Sarah A. L. Merriam(Nuzzi, Tiffany) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Kenneth C Gibson. (Collins, Jennifer) |
| Filing 1 COMPLAINT against Andrew Saul, filed by Kenneth C Gibson. (Attachments: #1 Exhibit Ex A- ALJ Denial 11 15 18, #2 Exhibit Ex B- AC Denial 12 06 19)(Collins, Jennifer) Modified to update party on 2/3/2020 (Anastasio, F.). |
| Request for Clerk to issue summons as to Andrew Saul. (Collins, Jennifer) Modified to update party on 2/3/2020 (Anastasio, F.). |
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