Pountney v. Commissioner of Social Security
Plaintiff: Linda J Pountney
Defendant: Commissioner of Social Security
Interested Party: Social Security Administration
Case Number: 3:2019cv01636
Filed: October 17, 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: 42:405
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2019 Opinion or Order 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.)
October 18, 2019 Filing 6 Notice to Self-represented Parties. Signed by Clerk on 10/18/2019.(Bozek, M.)
October 17, 2019 Answer deadline updated for Commissioner of Social Security to 12/16/2019. (Bozek, M.)
October 17, 2019 Opinion or Order 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.)
October 17, 2019 Opinion or Order Filing 4 Standing Scheduling Order. Signed by Judge Stefan R Underhill on 10/17/2019.(Bozek, M.)
October 17, 2019 Opinion or Order Filing 3 Standing Order on Social Security Appeals. Signed by Judge Stefan R Underhill on 10/17/2019. (Attachments: #1 Consent Form)(Bozek, M.)
October 17, 2019 Filing 2 MOTION for Leave to Proceed In Forma Pauperis by Linda J Pountney. Motions referred to Sarah A. L. Merriam(Bozek, M.)
October 17, 2019 Filing 1 COMPLAINT against Commissioner of Social Security, filed by Linda J Pountney.(Bozek, M.)

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Defendant: Commissioner of Social Security
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Plaintiff: Linda J Pountney
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Interested party: Social Security Administration
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