Waldo v. Commissioner of Social Security
Plaintiff: Charles Waldo
Defendant: Commissioner of Social Security
Interested Party: Social Security Administration
Case Number: 3:2019cv00453
Filed: March 27, 2019
Court: US District Court for the District of Connecticut
Presiding Judge: Sarah A L Merriam
Referring Judge: Stefan R Underhill
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42:405
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 21, 2019 JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Jaiman, R.)
June 21, 2019 Filing 17 JUDGMENT the complaint is dismissed without prejudice.For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 6/21/2019.(Jaiman, R.)
June 10, 2019 Opinion or Order Filing 16 ORDER DISMISSING CASE without prejudice for failure to pay the required filing fee. Signed by Judge Stefan R Underhill on 6/10/19. (Caldero, M.)
May 21, 2019 Administrative Record deadline updated for Commissioner of Social Security to 7/11/2019. (Katz, S.)
May 21, 2019 Opinion or Order Filing 15 ORDER. Because plaintiff has yet to pay his filing fee (which is due on or before May 30, 2019), and the failure to pay that fee may result in the dismissal of this action, see Doc. #13, the Court GRANTS defendant's #14 First Motion for Extension of Time until July 11, 2019, to file the Administrative Record. It is so ordered. Signed by Judge Sarah A. L. Merriam on 5/21/2019. (Katz, S.)
May 20, 2019 Filing 14 First MOTION for Extension of Time until July 11, 2019 (Certificate of Service attached to Motion) to file Answer/administrative record Update Answer Deadline by Commissioner of Social Security. Motions referred to Sarah A. L. Merriam(Peck, Jason)
April 26, 2019 Opinion or Order Filing 13 ORDER granting #12 LETTER MOTION for Extension of Time until May 30, 2019 to Comply with Order on Recommended Ruling (Doc. #10). Plaintiff's failure to pay the filing fee by May 30, 2019, may result in the dismissal of his case. It is so ordered. Signed by Judge Sarah A. L. Merriam on 4/26/2019. (Katz, S.)
April 26, 2019 Filing 12 LETTER MOTION for Extension of Time until May 30, 2019 to Comply with 10 Order on Recommended Ruling by Charles Waldo. Motions referred to Sarah A. L. Merriam (Oliver, T.)
April 24, 2019 Set Deadlines/Hearings: Dismissal due by 5/7/2019 (Caldero, M.)
April 22, 2019 Opinion or Order Filing 11 ORDER denying #2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Stefan R Underhill on 4/22/19. (Caldero, M.)
April 22, 2019 Opinion or Order Filing 10 ORDER approving and adopting 7 Recommended Ruling. The plaintiff is put on notice that he must pay the full filing fee by May 7, 2019 or his case will be dismissed. Signed by Judge Stefan R Underhill on 4/22/19. (Caldero, M.)
April 11, 2019 Opinion or Order Filing 9 REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R Underhill on 4/11/2019. (Attachments: #1 Consent Form)(Anastasio, F.)
April 10, 2019 Filing 8 NOTICE of Appearance by Jason P. Peck on behalf of Commissioner of Social Security (Peck, Jason)
April 2, 2019 Opinion or Order Filing 7 RECOMMENDED RULING. For the reasons stated below, the Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED.Plaintiff has filed a motion seeking to proceed without payment of fees or costs, which includes an affidavit regarding his current financial circumstances. See Doc. #2 . Plaintiff states that he is a retired firefighter and receives $3,200 per month in "Gross Income" in addition to $813 per month in social security benefits. Id. at 3. Plaintiff has approximately $600 per month in discretionary income after accounting for his monthly expenses. See id. at 3-5. Plaintiff also has about $150,000 equity in his home. See id. at 4.28 U.S.C. 1915(a)(1) allows a court to authorize commencement of an action without prepayment of fees only when "the person is unable to pay such fees or give security therefor." 28 U.S.C. 1915(a)(1) (emphasis added). The statements in plaintiff's affidavit are insufficient to establish plaintiff's inability to pay the ordinary filing fees required by the Court. See id. Accordingly, the Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED. If plaintiff wishes to pursue this matter, he shall pay the filing fee on or before April 30, 2019.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); 28 U.S.C. 636(b)(1). 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); F.D.I.C. v. Hillcrest Assoc., 66 F.3d 566, 569 (2d Cir. 1995). It is so ordered. Signed by Judge Sarah A. L. Merriam on 4/2/2019. (Katz, S.)
March 28, 2019 Answer deadline updated for Commissioner of Social Security to 5/27/2019. (Fazekas, J.)
March 28, 2019 Filing 6 NOTICE TO SELF-REPRESENTED PARTIES Signed by Clerk on 3/28/2019.(Fazekas, J.)
March 27, 2019 Opinion or Order Filing 5 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R Underhill on 3/27/2019.(Fazekas, J.)
March 27, 2019 Opinion or Order Filing 4 STANDING SCHEDULING ORDER Signed by Judge Stefan R Underhill on 3/27/2019.(Fazekas, J.)
March 27, 2019 Opinion or Order Filing 3 STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R Underhill on 3/27/2019. (Attachments: #1 Consent Form)(Fazekas, J.)
March 27, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by Charles Waldo. Motions referred to Sarah A. L. Merriam(Fazekas, J.)
March 27, 2019 Filing 1 COMPLAINT against Commissioner of Social Security, filed by Charles Waldo.(Fazekas, J.)

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Plaintiff: Charles Waldo
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Defendant: Commissioner of Social Security
Represented By: Jason P. Peck
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Interested party: Social Security Administration
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