Delusso v. Berryhill
| Bethany L. Delusso |
| Nancy A. Berryhill |
| Social Security Administration |
| 3:2019cv00490 |
| April 1, 2019 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Alvin W Thompson |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 1383 |
| None |
Docket Report
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This docket was last retrieved on June 4, 2019. A more recent docket listing may be available from PACER.
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| Filing 19 Social Security Transcripts by Social Security Administration. (Jewett, Peter) |
Filing 18
ORDER OF TRANSFER. Absent consent to a Magistrate Judge, the case is reassigned to Judge Alvin W. Thompson for all further proceedings. Signed by Clerk on 5/20/2019.(Anastasio, F.)
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Filing 17
ORDER finding as moot #2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Stefan R Underhill on 5/20/19. (Caldero, M.)
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Filing 16
ORDER granting #13 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion seeking to proceed without prepayment of fees, costs or security therefor, which includes an affidavit regarding her current financial circumstances. See Doc. #13 . In plaintiff's motion, she indicates that she has never worked and has no assets. See id. at 3-5. Plaintiff further alleges that she has significant debts. See id. at 4. At this stage, such allegations are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. See 28 U.S.C. 1915(a)(1). Accordingly, plaintiff's #13 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 5/13/19. (Dowie, C)
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| Filing 15 Notice of Decision by Bethany L. Delusso. (Bozek, M.) |
| Filing 14 Notice of Appeals Council Action by Bethany L. Delusso (Bozek, M.) |
| Filing 13 MOTION for Leave to Proceed In Forma Pauperis by Bethany L. Delusso. Motions referred to Sarah A. L. Merriam(Bozek, M.) |
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Filing 12
ORDER approving and adopting 7 Recommended Ruling. Signed by Judge Stefan R Underhill on 4/26/19. (Kaas, E.)
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Filing 11
ORDER approving and adopting 7 RECOMMENDED RULING. The plaintiff is put on notice that she must either re-file the motion to proceed in forma pauperis OR pay the full filing fee by May 7, 2019. Failure to do so will result in the dismissal of her case. Signed by Judge Stefan R Underhill on 4/26/19. (Kaas, E.)
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| Set Deadlines/Hearings: IFP Dismissal due by 5/7/2019. (Kaas, E.) |
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Filing 10
REMINDER: Standing Order on Social Security Appeals Signed by Judge Stefan R Underhill on 4/25/2019. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 9 NOTICE of Appearance by Peter Jewett on behalf of Nancy A. Berryhill (Jewett, Peter) |
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Filing 8
ORDER. The Complaint (Doc. #1 ) filed in this case states that plaintiff, Bethany L. Delusso, brings "this case on behalf of someone else over the age of 18," specifically, Laurie Marie Parsons. Doc. #1 at 1. In order for the Court to ensure that the appropriate party has been named, plaintiff file a copy of the Administrative Law Judge's decision, dated April 3, 2018, and/or the Appeals Council's decision, dated February 5, 2019, referenced in the Complaint, see id. at 3, on the docket on or before April 24, 2019. It is so ordered. Signed by Judge Sarah A. L. Merriam on 4/3/19. (Dowie, C)
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Filing 7
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 sworn statement relating to plaintiff's current financial circumstances. See Doc. #2 . That sworn statement, however, is incomplete, leaving the Court unable to fully assess plaintiff's financial circumstances. Although plaintiff states that she is unable to pay the filing fee, plaintiff has left the form affidavit almost entirely blank, providing no information regarding her current or former income, or her monthly expenses. See id. at 3. Plaintiff states only that she does not own real property. See id. at 3. "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); see also Schwarz v. I.R.S., 998 F. Supp. 201, 202 (N.D.N.Y. 1998) (denying application to proceed in forma pauperis where plaintiff failed to complete application). 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 April 24, 2019, or this case may be dismissed. If plaintiff chooses to re-file her motion, she must complete all of the required information. While plaintiff may indicate that her income is "$0" or that a particular question does not apply to her situation, she may not leave significant sections of the affidavit form entirely blank.This is a recommended ruling. See Fed. R. Civ. P. 72(b)(1). 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); 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 4/3/19. (Dowie, C)
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| Filing 6 Notice to Self-represented Parties. Signed by Clerk on 4/3/2019.(Bozek, M.) |
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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 4/1/2019.(Bozek, M.)
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Filing 4
Standing Scheduling Order. Signed by Judge Stefan R Underhill on 4/1/2019.(Bozek, M.)
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Filing 3
Standing Order on Social Security Appeals. Signed by Judge Stefan R Underhill on 4/1/2019. (Attachments: #1 consent form)(Bozek, M.)
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| Filing 2 MOTION for Leave to Proceed In Forma Pauperis by Bethany L. Delusso. (Bozek, M.) |
| Filing 1 COMPLAINT against Nancy A. Berryhill, filed by Bethany L. Delusso.(Bozek, M.) |
| Answer deadline updated for Nancy A. Berryhill to 5/31/2019. (Bozek, M.) |
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