Kowalsky v. Social Security Administration Commissioner
Chelsie A. Kowalsky |
Social Security Administration Commissioner |
3:2021cv03078 |
November 18, 2021 |
US District Court for the Western District of Arkansas |
Mark E Ford |
Social Security: DIWC/DIWW |
42 U.S.C. ยง 0405 g |
None |
Docket Report
This docket was last retrieved on March 16, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 8 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Social Security Administration Commissioner, U.S. Attorney and U.S. Attorney General and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (lgd) |
Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested for USA Agency, Corporation, Officers or Employees as to Commissioner of SSA for service of the following document: #2 Complaint,. (Spencer, Frederick) |
Complaint filing fee paid re 6 Order on Motion for Leave to Proceed in forma pauperis,,,,,, Order on Motion for Service,,,,, : $ 402, receipt number AARWDC-2501749.. (Spencer, Frederick) |
Filing 6 TEXT ONLY ORDER denying #3 Motion for Leave to Proceed in forma pauperis and #3 Motion for Service. Pursuant to section 1915(a) of Title 28 of the United States Code, federal courts have the statutory authority to permit the commencement of a civil action without prepayment of fees or costs by a person who submits an affidavit that he or she is unable to pay such costs or give security therefor. The purpose of this section is to ensure that indigent litigants have access to the federal courts In re Williamson, 786 F.2d 1336, 1338 (8th Cir. 1986) (quoting Souder v. McGuire, 516 F.2d 820, 823 (3rd Cir. 1975)). Although a claimant need not be completely destitute to take advantage of the IFP statute, he or she must show that paying the filing fee would result in an undue financial hardship. Williamson, 786 F.2d at 1338. Plaintiff has reported a total monthly income of $4,723 and monthly expenses totaling $2,226.00. This leaves a monthly surplus of $2,497.00. As such, the Plaintiff has failed to show that payment of the fee would result in undue hardship. For this reason, Plaintiff's Motion to Proceed In Forma Pauperis is DENIED, and the Plaintiff is directed to pay the filing fee on or before December 9, 2021. Failure to do so will result in dismissal of the case for failure to follow an order of this Court. Signed by Honorable Mark E. Ford on November 19, 2021. (cla) |
Filing 5 CONSENT TO ASSIGNMENT to U.S. Magistrate Judge by Chelsie A. Kowalsky. Government consent acknowledged pursuant to Standing Consent Letter. (Spencer, Frederick) |
Filing 4 NOTICE OF DIRECT ASSIGNMENT TO A U.S. MAGISTRATE JUDGE. This case has been assigned to a U.S. Magistrate Judge to conduct all proceedings and for entry of a final judgment. You must file the attached form memorializing consent or requesting reassignment to a District Judge within fourteen (14) days. Consent or Reassignment form due by 12/2/2021. (Attachments: #1 magistrate consent)(lgd) |
Filing 3 MOTION for Leave to Proceed in forma pauperis , MOTION for Service by Chelsie A. Kowalsky. (Spencer, Frederick) |
Filing 2 COMPLAINT against Social Security Administration Commissioner, filed by Chelsie A. Kowalsky. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - Notice of Decision - Unfavorable, #3 Exhibit B - Notice of Appeals Council Action)(Spencer, Frederick) |
Filing 1 CIVIL COVER SHEET for case initiated by Chelsie A. Kowalsky. Please proceed with filing your case initiating document(s).If the case initiating documents are not filed by Close of Business the next business day your case may be terminated. (lgd) |
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Plaintiff: Chelsie A. Kowalsky | |
Represented By: | Frederick S. Spencer |
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Defendant: Social Security Administration Commissioner | |
Represented By: | Office of Regional Counsel-Dallas |
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