Williams v. Martin
| Charles Williams |
| Jill A. Martin and Nancy A. Berryhill |
| Social Security Administration |
| 3:2019cv00103 |
| January 22, 2019 |
| US District Court for the District of Connecticut |
| 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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This docket was last retrieved on September 25, 2019. A more recent docket listing may be available from PACER.
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Filing 14
REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R Underhill on 3/21/2019. (Attachments: #1 Consent Form)(Anastasio, F.)
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Filing 13
ORDER: On January 22, 2019, plaintiff filed a Complaint for Review of Social Security Administration Decision [Doc. 1]. Named as the defendant in that complaint is Jill A. Martin. Jill A. Martin is not the Commissioner of the Social Security Administration. The plaintiff later filed additional information confirming that he seeks to bring an appeal of a final decision of the Commissioner of the federal Social Security Administration. Accordingly, the clerk is instructed to modify the docket and correct the defendant's name to Nancy A. Berryhill, Acting Commissioner of Social Security. Signed by Judge Stefan R Underhill on 3/20/19.(Caldero, M.)
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| Filing 12 NOTICE of Appearance by Rebecca H. Estelle on behalf of Social Security Administration (Estelle, Rebecca) |
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Filing 11
ORDER denying, without prejudice to re-filing, #10 MOTION to Appoint Counsel.The Second Circuit has "held that in determining whether to appoint counsel for an indigent litigant a district court judge should first consider whether the indigent's position seems likely to be of substance, then assess the litigant's competence to proceed pro se, the complexity of the issues, and additionally any special reason in that case why appointment of counsel would be more likely to lead to a just determination." Machadio v. Apfel, 276 F.3d 103, 10708 (2d Cir. 2002) (citation and internal quotation marks omitted). "The threshold consideration in ruling on such an application is a showing of some likelihood of merit." Thomas v. Sec'y, Dep't of Health & Human Servs., No. 95CV2313 (PKL), 1995 WL 234663, at *1 (S.D.N.Y. Apr. 20, 1995). Here, because the administrative transcript has not yet been filed, and where the #1 Complaint provides little detail, plaintiff has failed to make a threshold showing of likelihood of merit. See id.; see also Maldonado ex rel. Maldonado v. Apfel, 55 F. Supp. 2d 296, 307 (S.D.N.Y. 1999) ("Without a record, the merits cannot be evaluated. Private counsel cannot be expected to become interested in a case of unknown merit. And under Hodge v. Police Officers, 802 F.2d 58 (2d Cir. 1986), there is not even a proper basis for the Court to appoint pro bono counsel because a court cannot determine whether the case seems likely to be of substance." (citation and internal quotation marks omitted)).Additionally, the Second Circuit has also made clear that before an appointment of counsel may be considered, the movant must demonstrate that he is unable to obtain counsel. See Saviano v. Local 32B-32J, 75 F. App'x 58, 59 (2d Cir. 2003). Plaintiff has not sufficiently demonstrated that he is unable to obtain counsel, as he has contacted just one attorney regarding his case. See Doc. #10 at 4.Accordingly, plaintiff's #10 MOTION to Appoint Counsel is DENIED, without prejudice to re-filing. Plaintiff may re-file his motion after defendant has filed the administrative transcript and upon a satisfactory showing that he is unable to obtain counsel. It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/6/2019. (Katz, S.)
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| Filing 10 MOTION to Appoint Counsel by Charles Williams. Motions referred to Sarah A. L. Merriam (Oliver, T.) |
| Filing 9 RESPONSE re 8 Order filed by Charles Williams. (Oliver, T.) |
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Filing 8
ORDER re: #1 Complaint. On January 22, 2019, plaintiff filed a Complaint for Review of Social Security Administration Decision (Doc. #1 ). Named as the defendant in that complaint is Jill A. Martin. Jill A. Martin is not the Commissioner of the Social Security Administration.To confirm that plaintiff does in fact seek to bring an appeal of a final decision of the Commissioner of the federal Social Security Administration, the Court will require plaintiff to file additional information to clarify that point. Accordingly, on or before February 8, 2019, plaintiff shall file a copy of the ALJ's decision or a copy of the Appeals Council's decision from which he appeals. It is so ordered. Signed by Judge Sarah A. L. Merriam on 1/23/2019. (Katz, S.)
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Filing 7
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a 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. #2 . Plaintiff has completed the required information. He asserts that he is unable to afford to pay fees and costs, having no income or assets. See generally id. at 3-5. Plaintiff also states that he receives $219 in benefits per month. See id. at 3. 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 #2 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 1/23/2019. (Katz, S.)
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| Filing 6 NOTICE TO SELF-REPRESENTED PARTIES Signed by Clerk on 1/22/2019.(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 1/22/2019.(Fazekas, J.)
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Filing 4
STANDING SCHEDULING ORDER Signed by Judge Stefan R Underhill on 1/22/2019.(Fazekas, J.)
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Filing 3
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R Underhill on 1/22/2019. (Attachments: #1 Consent Form)(Fazekas, J.)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Charles Williams. Motions referred to Sarah A. L. Merriam(Fazekas, J.) |
| Filing 1 COMPLAINT against Jill A. Martin, filed by Charles Williams.(Fazekas, J.) |
| Answer deadline updated for Jill A. Martin to 3/25/2019. (Fazekas, J.) |
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