Moure v. Commissioner of Social Security
| Edwin Antonio Algarin Moure |
| Commissioner of Social Security and SSI |
| Social Security Administration |
| 3:2019cv01231 |
| August 7, 2019 |
| US District Court for the District of Connecticut |
| Janet C Hall |
| Sarah A L Merriam |
| Stefan R Underhill |
| Civil Rights: Other |
| 42 U.S.C. § 0405 dc |
| Plaintiff |
Docket Report
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Filing 28
ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for initial review and Recommended Ruling on Amended Complaint (Doc. No. 26 ) pursuant to 28 USC 1915. SO ORDERED by Judge Janet C. Hall on 10/4/2019.(Lewis, D)
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| Filing 27 AMENDED COMPLAINT Second Amended Complaint against Commissioner of Social Security, filed by Edwin Antonio Algarin Moure. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit)(Moure, Edwin) |
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Filing 26
ORDER terminating, as moot, #13 Motion to Pray Orders; terminating, as moot, #16 Motion for Order/Ruling. It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/17/2019. (Katz, S.)
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| Filing 25 RECOMMENDED RULING. For the reasons set forth in the attached Recommended Ruling, the Court recommends that the #1 Complaint and the #11 Amended Complaint, collectively be DISMISSED, with prejudice, in part, and DISMISSED, without prejudice to re-filing, in part. If plaintiff disagrees with the recommendations in this Ruling, he must file an objection on or before October 1, 2019. Failure to file an objection by this deadline will preclude appellate review.In the alternative, if plaintiff wishes to accept the recommendations in this Ruling and to pursue his claim which has been dismissed without prejudice, he must file a second amended complaint that sets forth a clear statement of his claim on or before October 1, 2019. Signed by Judge Sarah A. L. Merriam on 9/17/2019. (Katz, S.) |
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Filing 24
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 asserts that he is unable to afford to pay fees and costs, as his monthly benefits just cover his monthly expenses. Id. at 3-5. Plaintiff also asserts that he has outstanding debt. 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 #2 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/17/2019. (Katz, S.)
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Filing 23
ORDER terminating #17 "Motion to Appeal a Desition of the Appeals Council Action" (sic). In addition to the #1 Complaint and the #11 Amended Complaint, plaintiff has now filed a "Motion to Appeal a Desition of the Appeals Council Action." (Doc. #17 ) (sic). That motion was presumably filed in response to the Court's August 13, 2019, Order, which construed plaintiff's original complaint as seeking civil damages from the Social Security Administration ("SSA"), rather than a review of a disability determination. See Doc. #10.It now appears, however, that plaintiff seeks to pursue two separate and distinct claims. First, plaintiff appears to assert that the SSA wrongly withheld funds from his retroactive award of Social Security benefits. See Doc. #1 at 8-9; see also Doc. #5 at 4; Doc. #11 at 2. Second, it appears that plaintiff seeks to appeal the Administrative Law Judge's decision finding that plaintiff's disability began in March 2014, versus March 2010. See Doc. #17 at 2. Further supporting the Court's conclusion that plaintiff attempts to assert two separate and district claims is his request that the Court: "Split the case an attended the both complaint submitted." Doc. #17 at 2 (sic).Accordingly, the Court will collectively treat the #1 Complaint and the #11 Amended Complaint filed in this action as an affirmative civil action seeking to recover funds that plaintiff contends were wrongly withheld from his retroactive award of benefits, amongst other relief. The Court will proceed with a review of those pleadings on such grounds.The Court will not, however, treat plaintiff's filings in this case as an attempt to appeal an adverse disability determination. If plaintiff wishes to pursue such an appeal, he should file a new complaint, in a separate case, using this District's form Complaint for Review of Social Security Administration Decision. Plaintiff should ensure that any new action seeking such an appeal be filed within 60 days of his having received the Notice of Appeals Council action dated August 1, 2019. See Doc. #17 at 9.It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/16/2019. (Katz, S.)
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Filing 22
ORDER denying, without prejudice, as premature, #5 Motion to Appoint Counsel. Plaintiff seeks appointment of pro bono counsel in this action pursuant to 28 U.S.C. 1915. The Second Circuit has cautioned district courts against the routine appointment of counsel and has reiterated the importance of requiring an indigent plaintiff to demonstrate the likely merit of his claims before counsel is appointed. See, e.g., Ferrelli v. River Manor Health Care Ctr., 323 F.3d 196, 203-04 (2d Cir. 2003); Hendricks v. Coughlin, 114 F.3d 390, 393 (2d Cir. 1997). Here, the record consists only of plaintiff's filings. The Court has yet to conduct its initial review of plaintiff's operative pleading, and defendant has yet to respond to that pleading. At this time, the Court is unable to assess the likely merits of plaintiff's claims. Therefore, plaintiff's #5 Motion to Appoint Counsel is DENIED, without prejudice, as premature. Plaintiff may re-file his motion at a later stage of litigation. It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/16/2019. (Katz, S.)
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Filing 21
ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for motions including #17 MOTION Appeal a Desition of the Appeals Council Action, #13 MOTION for to Pray Order, #16 MOTION for on MOTION for Leave to Proceed In Forma Pauperis and #5 MOTION to Appoint Counsel Order, #2 MOTION for Leave to Proceed in forma pauperis, #5 MOTION to Appoint Counsel SO ORDERED by Judge Janet C. Hall on 9/16/2019.Motions referred to Sarah A. L. Merriam(Lewis, D)
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Filing 20
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Janet C. Hall on 9/13/2019.(Lewis, D)
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Filing 19
ORDER granting #4 Motion for Order. SO ORDERED by Judge Janet C. Hall on 9/13/2019. (Lewis, D)
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Filing 18
OORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for motion including #2 MOTION for Leave to Proceed in forma pauperis and for initial review of the Complaint #1 pursuant to 28 USC 1915. SO ORDERED by Judge Janet C. Hall on 9/13/2019.Motions referred to Sarah A. L. Merriam(Lewis, D) Modified on 9/13/2019 (Lewis, D).
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| Filing 16 MOTION for ORDER/RULING on #2 MOTION for Leave to Proceed In Forma Pauperis and #5 MOTION to Appoint Counsel by Edwin Antonio Algarin Moure. (Payton, R.) |
| Filing 17 MOTION Appeal a Desition of the Appeals Council Action by Edwin Antonio Algarin Moure.Responses due by 9/30/2019 (Payton, R.) |
| Filing 15 NOTICE of Appearance by Kristina Cohn on behalf of Commissioner of Social Security (Cohn, Kristina) |
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Filing 14
ORDER OF TRANSFER. Case reassigned to Judge Janet C. Hall for all further proceedings. Signed by Judge Stefan R Underhill on 8/29/19. (Caldero, M.)
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| Filing 13 MOTION to Pray Orders by Edwin Antonio Algarin Moure. Motions referred to Sarah A. L. Merriam (Oliver, T.) |
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Filing 10
ORDER. The Court has reviewed plaintiff's #1 Complaint. The Complaint has been filed using a form ordinarily used for the appeal of an adverse decision of the Social Security Administration ("SSA") as to an award of benefits. However, the Court's review of the Complaint and the attachments thereto suggests that plaintiff here does not seek review of a disability determination. Rather, it appears plaintiff asserts that the SSA wrongfully withheld funds from his award of social security benefits. See generally Doc. #1 at 8-9. Indeed, in his motion for appointment of counsel plaintiff describes the nature of his claim as: "Money Collection, Civil Rights Violation, Social Security Undue Process." Doc. #5 at 4 (sic). Accordingly, it appears that plaintiff's action seeks civil damages from the SSA, rather than review of a disability determination. Therefore, the Court recommends that the Clerk of Court reclassify this matter as a civil action, and randomly assign it to a District Judge. It is so ordered. Signed by Judge Sarah A. L. Merriam on 8/13/2019. (Katz, S.)
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| Filing 12 Notice re: Consent to Magistrate Judge by Edwin Antonio Algarin Moure. (Bozek, M.) |
| Filing 11 AMENDED COMPLAINT against Commissioner of Social Security, SSI, filed by Edwin Antonio Algarin Moure.(Bozek, M.) |
| Filing 9 Notice to Self-represented Parties. Signed by Clerk on 8/9/2019.(Bozek, M.) |
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Filing 8
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Stefan R Underhill on 8/7/2019.(Bozek, M.)
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Filing 7
Standing Scheduling Order. Signed by Judge Stefan R Underhill on 8/7/2019.(Bozek, M.)
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Filing 6
Standing Order on Social Security Appeals. Signed by Judge Stefan R Underhill on 8/7/2019. (Attachments: #1 Consent Form)(Bozek, M.)
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| Filing 5 MOTION to Appoint Counsel by Edwin Antonio Algarin Moure. Motions referred to Sarah A. L. Merriam(Bozek, M.) |
| Filing 4 MOTION to Participate in Electronic Filing by Edwin Antonio Algarin Moure. Motions referred to Sarah A. L. Merriam(Bozek, M.) |
| Filing 3 Consent to Electronic Notice by Edwin Antonio Algarin Moure. (Bozek, M.) |
| Filing 2 MOTION for Leave to Proceed In Forma Pauperis by Edwin Antonio Algarin Moure. Motions referred to Sarah A. L. Merriam(Bozek, M.) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Edwin Antonio Algarin Moure. (Attachments: #1 Civil Cover Sheet, #2 Attachment Cover Sheet, #3 Attachment I, #4 Attachment II, #5 Attachment III, #6 Attachment IV, #7 Attcahment V, #8 Attachment VI, #9 Attachment VII, #10 Attachment VIII, #11 Attachment IX, #12 Attachment X, #13 Attachment XI, #14 Attachment XII, #15 Attachment XIII, #16 Attachment XIV, #17 Attachment XV, #18 Attachment XVI, #19 Attachment XVII, #20 Attachment XVIII, #21 Attachment XIX, #22 Attachment XX, #23 Attachment XXI, #24 Attachment XXII, #25 Attachment XXIII, #26 Attachment XXIV)(Bozek, M.) |
| Answer deadline updated for Commissioner of Social Security to 10/6/2019. (Bozek, M.) |
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