Pountney v. Commissioner of Social Security
| Linda J Pountney |
| Commissioner of Social Security |
| Social Security Administration |
| 3:2019cv01636 |
| October 17, 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 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 10, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 15
ORDER granting #14 Motion to Withdraw as Attorney. Consent of the opposing party is not required under the Local Rules. Withdrawal is appropriate where other counsel has already appeared and no prejudice would be caused by the withdrawal. It is so ordered. Attorney Joshua Kershner terminated. Signed by Judge Sarah A. L. Merriam on 12/10/19. (Merriam, Sarah)
|
| Filing 14 MOTION for Joshua Lenard Kershner to Withdraw as Attorney by Commissioner of Social Security. Motions referred to Sarah A. L. Merriam(Kershner, Joshua) |
| 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.) |
|
Filing 13
ORDER denying #2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Stefan R Underhill on 12/6/19. (Caldero, M.)
|
|
Filing 12
ORDER approving and adopting 7 Recommended Ruling. The Clerk is directed to administratively close the file. Signed by Judge Stefan R Underhill on 12/6/19. (Caldero, M.)
|
| Filing 11 NOTICE of Appearance by Jason P. Peck on behalf of Commissioner of Social Security (Peck, Jason) |
|
Filing 10
REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R Underhill on 11/21/2019. (Attachments: #1 Consent Form)(Anastasio, F.)
|
| Filing 9 NOTICE of Appearance by Joshua Kershner on behalf of Commissioner of Social Security (Kershner, Joshua) |
|
Filing 8
ORDER: The Court entered a Recommended Ruling on October 18, 2019. See Doc. #7. However, it does not appear that the Order was mailed to plaintiff at her address of record. Accordingly, the Clerk shall mail a copy of the docket sheet, reflecting the Order at Doc. #7 and this Order, to plaintiff. In light of the delay in mailing, the Court hereby extends the deadline for filing any response or objection to the Recommended Ruling to November 25, 2019. It is so ordered. Signed by Judge Sarah A. L. Merriam on 11/4/2019.(Caffrey, A.)
|
|
Filing 7
RECOMMENDED RULING Denying #2 MOTION for Leave to Proceed in forma pauperis filed by Linda J Pountney. Plaintiff has filed a motion seeking to proceed without payment of fees and costs. See Doc. #2 . The statute requires that plaintiff submit an affidavit in support of any application to proceed in forma pauperis. See 28 U.S.C. 1915(a)(2). Plaintiff has not complied with this requirement. While an affidavit is attached, it is incomplete, and it has not been signed by plaintiff. Rather, the affidavit is signed by Arthur C. Peterson. See Doc. #2 at 5. Mr. Peterson includes the notation "POA FOR LINDA POUNTNEY" next to his signature on the first page of the motion. See Doc. #2 at 1. However, there is no indication that plaintiff is unable to act on her own behalf, and no explanation of the scope of any "power of attorney" granted to Mr. Peterson. Furthermore, the contents of the affidavit do not support plaintiff's motion. First, the affidavit is incomplete, as it indicates that plaintiff is married, but does not include her spouse's income. See id. at 3. Second, the affidavit asserts that plaintiff and her spouse own a house worth $320,000, and indicates no "amount owed" on that property. See id. at 4. The affidavit further states that plaintiff has $68,000 in "cash or securities on hand[.]" See id. The affidavit does not establish that plaintiff is unable to pay the ordinary filing fees required by the Court. 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 either refile her motion for leave to proceed in forma pauperis or pay the required fees on or before November 6, 2019. If plaintiff fails to file a complete motion or pay the fees by that date, this case may be dismissed. If plaintiff chooses to refile her motion, she must complete all of the required information, including her spouse's income. The affidavit must be signed by plaintiff personally, unless a showing is made that a conservator or guardian has been appointed due to plaintiff's inability to act on her own behalf. This is a Recommended Ruling. Plaintiff is not required to object to this ruling. However, if plaintiff objects to this Recommended Ruling, she must file any objection with the Clerk of the Court on or before November 6, 2019. See D. Conn. L. Civ. R. 72.2(a). Failure to object by this deadline will preclude appellate review of the Recommended Ruling. See Fed. R. Civ. P. 72(b)(2); 28 U.S.C. 636(b)(1); FDIC v. Hillcrest Assocs., 66 F.3d 566, 569 (2d Cir. 1995). It is so ordered. Signed by Judge Sarah A. L. Merriam on 10/18/2019. (Spangenburg, S.)
|
| Filing 6 Notice to Self-represented Parties. Signed by Clerk on 10/18/2019.(Bozek, M.) |
|
Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Stefan R Underhill on 10/17/2019.(Bozek, M.)
|
|
Filing 4
Standing Scheduling Order. Signed by Judge Stefan R Underhill on 10/17/2019.(Bozek, M.)
|
|
Filing 3
Standing Order on Social Security Appeals. Signed by Judge Stefan R Underhill on 10/17/2019. (Attachments: #1 Consent Form)(Bozek, M.)
|
| Filing 2 MOTION for Leave to Proceed In Forma Pauperis by Linda J Pountney. Motions referred to Sarah A. L. Merriam(Bozek, M.) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Linda J Pountney.(Bozek, M.) |
| Answer deadline updated for Commissioner of Social Security to 12/16/2019. (Bozek, M.) |
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
