Voytek v. Commissioner of Social Security
| Rosalyn Voytek |
| Commissioner of Social Security |
| Social Security Administration |
| 3:2018cv01519 |
| September 10, 2018 |
| US District Court for the District of Connecticut |
| Janet C Hall |
| Sarah A L Merriam |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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This docket was last retrieved on October 11, 2018. A more recent docket listing may be available from PACER.
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Filing 10
ORDER Approving and adopting 8 Recommended Ruling. Plaintiff has fourteen (14) days to file the required information or pay the filing fee. Signed by Judge Stefan R Underhill on 10/11/2018. (Caldero, M.)
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Filing 9
ORDER OF TRANSFER. Case reassigned to Judge Stefan R Underhill for all further proceedings Signed by Clerk on 10/3/18.(Walker, J.)
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Filing 8
RECOMMENDED RULING. The Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED, without prejudice to re-filing. Plaintiff has filed a motion seeking to proceed without payment of fees and costs, which motion includes a form financial affidavit. See Doc. #2 . That financial affidavit, however, is incomplete, leaving the Court unable to assess plaintiff's financial circumstances. Indeed, plaintiff has failed to provide any financial information. "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. 5:11CV1009(NAM)(ATB), 2011 WL 5222908, at *1 (N.D.N.Y. Oct. 14, 2011), report and recommendation adopted, 2011 WL 5196716 (Oct. 31, 2011) (citation omitted); Schwarz v. I.R.S., 998 F. Supp. 201, 202 (N.D.N.Y. 1998) (denying application to proceed in forma pauperis as incomplete where plaintiff failed to complete application). Additionally, plaintiff's financial affidavit is not signed under the penalties of perjury. 28 U.S.C. 1915 provides that the Court "may authorize the commencement" of an action "without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefor." 28 U.S.C. 1915(a)(1). The requirement of a sworn statement is an essential part of the statute. See, e.g., United States v. Copen, 378 F. Supp. 99, 103 (S.D.N.Y. 1974) ("Leave to proceed in forma pauperis may be obtainable only upon submission by the party of an affidavit made as required by that statute.").Accordingly, the Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED, without prejudice to re-filing. Plaintiff shall re-file her motion or pay the required filing fee on or before October 10, 2018, or this case may be dismissed. If plaintiff chooses to re-file her motion she must complete all of the information required by the financial affidavit, including her last salary received, any monthly obligations, any other sources of financial support, or any other information that is pertinent to her financial status. Plaintiff may indicate that her obligations are "$0" or that a particular question does not apply to her situation, but she may not leave significant sections of the affidavit form entirely blank. Plaintiff must also sign and date the affidavit in the areas provided by that form.This is a Recommended Ruling. Any objections to this Recommended Ruling must be filed with the Clerk of the Court within fourteen (14) days of being served with this order. See Fed. R. Civ. P. 72(b)(2). Failure to object within fourteen (14) days will preclude appellate review. See 28 U.S.C. 636(b)(1); Rules 72, 6(a) and 6(d) of the Federal Rules of Civil Procedure; D. Conn. L. Civ. R. 72.2; Small v. Secretary of H.H.S., 892 F.2d 15 (2d Cir. 1989) (per curiam); FDIC v. Hillcrest Assocs., 66 F.3d 566, 569 (2d Cir. 1995). It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/12/2018. (Katz, S.)
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| Filing 7 NOTICE TO SELF-REPRESENTED PARTIES Signed by Clerk on 9/11/2018.(Fazekas, J.) |
| Filing 6 NOTICE RE: STATISTICAL INFORMATION Signed by Clerk on 9/10/2018.(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 Janet C. Hall on 9/10/2018.(Fazekas, J.)
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Filing 4
STANDING SCHEDULING ORDER Signed by Judge Janet C. Hall on 9/10/2018.(Fazekas, J.)
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Filing 3
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Janet C. Hall on 9/10/2018. (Attachments: #1 Consent Form)(Fazekas, J.)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Rosalyn Voytek. Motions referred to Sarah A. L. Merriam(Fazekas, J.) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Rosalyn Voytek.(Fazekas, J.) |
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