Paulino v. Berryhill
| Elvira Celeste Paulino |
| Commissioner SSA Nancy A. Berryhill and Nancy A. Berryhill |
| Social Security Administration |
| 3:2019cv00694 |
| May 7, 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. ยง 0405 dc |
| None |
Docket Report
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This docket was last retrieved on June 14, 2019. A more recent docket listing may be available from PACER.
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| Filing fee received from Meryl Anne Spat: $ 400.00, receipt number CTXB00010290 (Oliver, T.) |
Filing 6
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 not provided the Court with any information regarding her current employment, nor whether she has been previously employed. 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 May 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 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 5/10/19. (Dowie, C)
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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 5/7/2019.(Fazekas, J.)
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Filing 4
STANDING SCHEDULING ORDER Signed by Judge Stefan R Underhill on 5/7/2019.(Fazekas, J.)
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Filing 3
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R Underhill on 5/7/2019. (Attachments: #1 Consent Form)(Fazekas, J.)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Elvira Celeste Paulino. (Hushin, Z.) |
| Judge Stefan R Underhill and Judge Sarah A. L. Merriam added. Motions referred to Sarah A. L. Merriam(Hushin, Z.) |
| Answer deadline updated for Nancy A. Berryhill to 7/8/2019. (Fazekas, J.) |
| Filing 1 COMPLAINT against Nancy A. Berryhill, filed by Elvira Celeste Paulino. (Attachments: #1 Exhibit, #2 Affidavit)(Spat, Meryl) |
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