Acquaviva v. Commissioner of Social Security

Plaintiff: Rachael Acquaviva
Defendant: Commissioner of Social Security
Interested Party: Social Security Administration
Case Number: 3:2019cv01259
Filed: August 12, 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: SSID Tit. XVI
Cause of Action: 42:0405dc
Jury Demanded By: None

Docket Report

This docket was last retrieved on August 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 13, 2019 Opinion or Order Filing 9 ORDER. The self-represented plaintiff has filed a form Complaint for Review of Social Security Administration Decision. (Doc. #1 ). Plaintiff has not fully completed the form Complaint, including the date on which the Appeals Council issued its decision. See id. at 2. Without that information, the Court is unable to ascertain whether plaintiff has fully exhausted her administrative remedies and/or timely filed this action.Accordingly, on or before September 3, 2019, plaintiff shall file an amended complaint which includes the date on which the Appeals Council issued its decision. Alternatively, on or before September 3, 2019, plaintiff may file any supplemental information (i.e., a copy of the Appeals Council decision), which cures the deficiency identified in this Order.Failure to comply with the directives of this Order may result in the dismissal of the Complaint. It is so ordered. Signed by Judge Sarah A. L. Merriam on 8/13/2019. (Katz, S.)
August 13, 2019 Opinion or Order Filing 8 RECOMMENDED RULING. The Court recommends that plaintiff's #3 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 as to plaintiff's current financial circumstances. See Doc. #3 . That sworn statement, however, is incomplete, leaving the Court unable to assess plaintiff's financial circumstances. Indeed, plaintiff has failed to provide any financial information. "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); Schwarz v. I.R.S., 998 F. Supp. 201, 202 (N.D.N.Y. 1998) (denying application to proceed in forma pauperis as incomplete where plaintiff failed to complete application). Accordingly, the Court recommends that plaintiff's #3 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 September 3, 2019, or this case may be dismissed. If plaintiff chooses to re-file her motion she must complete all of the required information, including her last salary received, any monthly obligations, any other sources of financial support, or any other information that is pertinent to her financial status. Plaintiff may indicate that her obligations are "$0" or that a particular question does not apply to her situation, but 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 after the filing of this ruling. See Fed. R. Civ. P. 72(b)(2). "Any party receiving notice of an order or recommended ruling from the Clerk by mail shall have five (5) additional days to file any objection." D. Conn. L. Civ. R. 72.2(a). Plaintiff receives notice by mail. Accordingly, any objection must be filed on or before September 3, 2019. Failure to file an objection within this time frame 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(a); 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). Signed by Judge Sarah A. L. Merriam on 8/13/2019. (Katz, S.)
August 13, 2019 Filing 7 Notice to Self-Represented Parties Signed by Clerk on 8/13/2019.(Reis, Julia)
August 12, 2019 Answer deadline updated for Commissioner of Social Security to 10/11/2019. (Reis, Julia)
August 12, 2019 Opinion or Order Filing 6 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R Underhill on 8/12/2019.(Reis, Julia)
August 12, 2019 Opinion or Order Filing 5 STANDING SCHEDULING ORDER Signed by Judge Stefan R Underhill on 8/12/2019.(Reis, Julia)
August 12, 2019 Opinion or Order Filing 4 Standing Order on Social Security Appeals Signed by Judge Stefan R Underhill on 8/12/2019. (Attachments: #1 Consent Form)(Reis, Julia)
August 12, 2019 Filing 3 MOTION for Leave to Proceed in forma pauperis by Rachael Acquaviva. Motions referred to Sarah A. L. Merriam (Reis, Julia)
August 12, 2019 Filing 2 Appearance Self Represented Party by Rachael Acquaviva (Reis, Julia)
August 12, 2019 Filing 1 COMPLAINT against Commissioner of Social Security, filed by Rachael Acquaviva.(Reis, Julia)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Connecticut District Court's Electronic Court Filings (ECF) System

Search for this case: Acquaviva v. Commissioner of Social Security
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Rachael Acquaviva
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Commissioner of Social Security
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: Social Security Administration
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?