Moure v. Social Security Administration
| Edwin A. Algorin Moure and Edwin Antonio Algarin Moure |
| Social Security Administration and Commisioner of Social Security |
| 3:2019cv01469 |
| September 19, 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. § 405 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2019. A more recent docket listing may be available from PACER.
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Filing 45
ORDER terminating #43 Motion for Extension of Time. This case is closed, and plaintiff has filed an appeal with the Second Circuit. It appears that plaintiff intended to file this motion in case number 3:19CV01468(SRU). The motion may be refiled in that case, if plaintiff wishes to pursue it. It is so ordered. Signed by Judge Sarah A. L. Merriam on 11/14/19. (Merriam, Sarah)
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| Filing 44 ACKNOWLEDGMENT OF SERVICE Executed Kristina Cohn Acknowledgment filed by Edwin Antonio Algarin Moure, Social Security Administration. (Moure, Edwin) |
| Filing 43 MOTION for Extension of Time until January/02/2019 Continue a due process by Edwin Antonio Algarin Moure. Motions referred to Sarah A. L. Merriam(Moure, Edwin) |
| Docket Entry Correction re #41 Second MOTION for Leave to Appeal Amended notice of appeals for Orders 24 entered on 10-18-2019 and order 31 entered on 10-25-2019 MODIFIED TO NOTE ENTRY HAS BEEN ENTERED IN ERROR AND REDOCKETED AS DOC #42; THE ENTRY WAS INCORRECTLY FILED AS A MOTION INSTEAD OF A NOTICE OF APPEAL (Oliver, T.) |
| Filing 42 SECOND AMENDED NOTICE OF APPEAL amending #34 Notice of Appeal, #39 Amended Notice of Appeal, 24 Order on Motion to Appoint Counsel, 31 Order on Motion to Appoint Counsel by Edwin Antonio Algarin Moure. (REPLACING DOC #41) (Oliver, T.) |
| Filing 41 ENTERED IN ERROR - Second MOTION for Leave to Appeal Amended notice of appeals for Orders 24 entered on 10-18-2019 and order 31 entered on 10-25-2019 by Edwin Antonio Algarin Moure. Motions referred to Sarah A. L. Merriam(Moure, Edwin) Modified on 11/6/2019 (Oliver, T.). |
| Docket Entry Correction re #36 First MOTION to Compel Amended Appeals, adding to appeals a Order 31 MODIFIED TO NOTE ENTRY HAS BEEN ENTERED IN ERROR AND REDOCKETED AS DOC #39; THE INCORRECT EVENT WAS USED (Oliver, T.) |
| Filing 40 CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: #39 Amended Notice of Appeal,. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Robin D. Tabora, Clerk. Documents manually filed not included in this transmission: none (Oliver, T.) |
| Filing 39 AMENDED NOTICE OF APPEAL amending #34 Notice of Appeal, 27 Order on Recommended Ruling, 28 Order on Motion to Amend/Correct, 29 Order on Motion to Amend/Correct, 31 Order on Motion to Appoint Counsel by Edwin Antonio Algarin Moure. (REPLACING DOC #36) (Oliver, T.) |
| Filing 38 Notice re: Consent to Magistrate Judge by Edwin Antonio Algarin Moure (Bozek, M.) |
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Filing 37
ORDER granting #33 Motion for Leave to Proceed in forma pauperis. Signed by Judge Stefan R Underhill on 10/31/19. (Caldero, M.)
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| Filing 36 ENTERED IN ERROR - First MOTION to Compel Amended Appeals, adding to appeals a Order 31 by Edwin Antonio Algarin Moure.Responses due by 11/21/2019 (Attachments: #1 Exhibit Affidavit to proceed in Forma Pauperis, #2 Exhibit Access to electronic filing)Motions referred to Sarah A. L. Merriam(Moure, Edwin) Modified on 11/1/2019 (Oliver, T.). |
| Filing 35 CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: #34 Notice of Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Robin D. Tabora, Clerk. Documents manually filed not included in this transmission: none (Oliver, T.) |
| Filing 34 NOTICE OF APPEAL as to 27 Order on Recommended Ruling, 28 Order on Motion to Amend/Correct, 29 Order on Motion to Amend/Correct by Edwin Antonio Algarin Moure. (REPLACING DOC #32) (Oliver, T.) |
| Filing 33 First MOTION for Leave to Proceed in forma pauperis in the Appeals at the second circuit of appeals of New York by Edwin Antonio Algarin Moure. Motions referred to Sarah A. L. Merriam(Moure, Edwin) |
| Filing 32 ENTERED IN ERROR - First MOTION for Leave to Appeal the orders 27, 28 and 29 by Edwin Antonio Algarin Moure. Motions referred to Sarah A. L. Merriam(Moure, Edwin) Modified on 10/28/2019 (Oliver, T.). |
| Docket Entry Correction re #32 First MOTION for Leave to Appeal the orders 27, 28 and 29 MODIFIED TO NOTE ENTRY HAS BEEN ENTERED IN ERROR AND REDOCKETED AS DOC #34 (Oliver, T.) |
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Filing 31
ORDER denying #30 Fourth Motion to Appoint Counsel. Signed by Judge Sarah A. L. Merriam on 10/25/2019. (Katz, S.)
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| Filing 30 Fourth MOTION to Appoint Counsel as mental health disable by Edwin Antonio Algarin Moure, Social Security Administration. Motions referred to Sarah A. L. Merriam(Moure, Edwin) |
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Filing 29
ORDER finding as moot #22 Motion to Amend/Correct. Signed by Judge Stefan R Underhill on 10/22/19. (Caldero, M.)
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Filing 28
ORDER finding as moot #21 Motion to Amend/Correct. Signed by Judge Stefan R Underhill on 10/22/19. (Caldero, M.)
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Filing 27
ORDER approving and adopting #13 Recommended Ruling. All pending motions denied as moot. The Clerk is directed to administratively close the file. Signed by Judge Stefan R Underhill on 10/22/19. (Caldero, M.)
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| 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 (Oliver, T.) |
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Filing 26
REMINDER: Standing Order on Social Security Appeals Signed by Judge Stefan R Underhill on 10/21/2019. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 25 NOTICE of Appearance by Kristina Cohn on behalf of Commisioner of Social Security (Cohn, Kristina) |
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Filing 24
ORDER denying #23 Third Motion to Appoint Counsel. Plaintiff has electronically filed a copy of an ALJ's decision finding him disabled, docketing this document as a "Third MOTION to Appoint Counsel as mental health disable[.]" Plaintiff has made identical filings in his four currently pending civil cases in this District. The Court accepts plaintiff's representation that he is disabled. However, his disability, on its own, does not entitle plaintiff to the appointment of an attorney in this civil matter. The Court has concluded that the claims lack merit, and has recommended dismissal. Accordingly, appointment of counsel would not be appropriate. It is so ordered. Signed by Judge Sarah A. L. Merriam on 10/18/2019. (Katz, S.)
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| Filing 23 Third MOTION to Appoint Counsel As Mental health disable by Edwin Antonio Algarin Moure. Motions referred to Sarah A. L. Merriam(Moure, Edwin) |
| Filing 22 Second MOTION to Amend/Correct Second Amended Complaint by Edwin Antonio Algarin Moure.Responses due by 11/7/2019 (Attachments: #1 attachment-1)Motions referred to Sarah A. L. Merriam(Moure, Edwin) |
| Filing 21 Second MOTION to Amend/Correct Second Amended Complaint by Edwin Antonio Algarin Moure.Responses due by 11/7/2019 (Attachments: #1 Exhibit attachment-1)Motions referred to Sarah A. L. Merriam(Moure, Edwin) |
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Filing 20
ORDER denying #19 Motion to Appoint Counsel. Plaintiff seeks appointment of counsel, pro bono, in this matter, pursuant to 28 U.S.C. 1915. The motion is styled as a motion to reconsider, but no prior motion for appointment of counsel has been filed in this case. Rather, it appears that plaintiff has simply filed identical motions in at least three of his pending cases. As has previously been explained to plaintiff in other matters, this Court must consider the likely merit of a self-represented plaintiff's claims in deciding whether to appoint an attorney in a civil matter. 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). The Court has reviewed the plaintiff's submissions, and has conducted its initial review of the Complaint. The Court is sympathetic to plaintiff's difficulties in pursuing this action. However, the Court finds that this case lacks merit, and has recommended dismissal. See Doc. #13 . Accordingly, the Court finds that requiring a private attorney to represent plaintiff pro bono in this matter would be inappropriate. It is so ordered. Signed by Judge Sarah A. L. Merriam on 10/13/19. (Merriam, Sarah)
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| Filing 19 Second MOTION to Appoint Counsel Reconsider to appoint Counsel by Edwin Antonio Algarin Moure. (Attachments: #1 Exhibit Disable Letter of the Social Security)Motions referred to Sarah A. L. Merriam(Moure, Edwin) |
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Filing 18
ORDER terminating #17 Motion for Leave to Proceed in forma pauperis. The Court has already granted the plaintiff's motion to proceed in forma pauperis, which was filed as Doc. #2 and is referred to in this motion. See Doc. #12. The instant motion appears to be a duplicate of a motion already filed, and terminated, in this case. See Doc. #14 , Doc. #15. The Court has recommended that the case be dismissed, but no fees or costs are being charged for the filing and review of this matter. The relief sought by plaintiff in this motion has already been granted. Mr. Moure has been granted leave to proceed in forma pauperis. No further motions on that issue should be filed in this matter. It is so ordered. Signed by Judge Sarah A. L. Merriam on 10/9/19. (Merriam, Sarah)
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| Filing 17 Second MOTION for Leave to Proceed in forma pauperis by Edwin Antonio Algarin Moure. Motions referred to Sarah A. L. Merriam(Moure, Edwin) |
| Filing 16 AMENDED COMPLAINT against Social Security Administration, Commisioner of Social Security, filed by Edwin Antonio Algarin Moure. (Attachments: #1 Exhibit I, #2 Exhibit II, #3 Exhibit III, #4 Exhibit IV, #5 Exhibit V, #6 Exhibit VI, #7 Exhibit VII)(Bozek, M.) |
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Filing 15
ORDER terminating #14 Motion for Leave to Proceed in forma pauperis. The Court has already granted the plaintiff's motion to proceed in forma pauperis, which was filed as Doc. #2 and is referred to in this motion. See Doc. #12. The Court has recommended that the case be dismissed, but no fees or costs are being charged for the filing and review of this matter. It is so ordered. Signed by Judge Sarah A. L. Merriam on 10/4/2019. (Merriam, Sarah)
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| Filing 14 MOTION for Leave to Proceed In Forma Pauperis by Edwin A. Algorin Moure. Motions referred to Sarah A. L. Merriam(Bozek, M.) |
| Filing 13 RECOMMENDED RULING. For the reasons set forth in the attached recommended ruling, the undersigned recommends that the #1 Complaint be DISMISSED, without prejudice. Any objections to this recommended ruling must be filed on or before October 15, 2019. Failure to file an objection by this deadline will preclude appellate review. Signed by Judge Sarah A. L. Merriam on 9/30/2019. (Katz, S.) |
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Filing 12
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 9/30/2019. (Katz, S.)
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Filing 11
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 Stefan R Underhill on 9/30/2019.(Jaiman, R.)
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Filing 10
ORDER granting #9 Motion to Participate in Electronic Filing. Signed by Judge Sarah A. L. Merriam on 9/26/2019. (Katz, S.)
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| Filing 9 MOTION to Participate in Electronic Filing by Edwin A. Algorin Moure. Motions referred to Sarah A. L. Merriam(Bozek, M.) |
| Filing 8 Consent to Electronic Notice by Edwin A. Algorin Moure. (Bozek, M.) |
| Filing 7 Notice to Self-represented Parties. Signed by Clerk on 9/20/2019.(Bozek, M.) |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Stefan R Underhill on 9/19/2019.(Bozek, M.)
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Filing 5
Standing Scheduling Order. Signed by Judge Stefan R Underhill on 9/19/2019.(Bozek, M.)
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Filing 4
Standing Order on Social Security Appeals. Signed by Judge Stefan R Underhill on 9/19/2019. (Attachments: #1 Consent Form)(Bozek, M.)
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| Filing 3 Notice of Pro Se Appearance by Edwin A. Algorin Moure. (Bozek, M.) |
| Filing 2 MOTION for Leave to Proceed In Forma Pauperis by Edwin A. Algorin Moure. Motions referred to Sarah A. L. Merriam(Bozek, M.) |
| Filing 1 COMPLAINT against Social Security Administration, filed by Edwin A. Algorin Moure. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit I, #18 Exhibit XXI, #19 Exhibit XXII)(Bozek, M.) |
| Answer deadline updated for Social Security Administration to 11/18/2019. (Bozek, M.) |
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