Milici v. Commissioner of Social Security
| Andrew Milici |
| Commissioner of Social Security |
| Social Security Administration |
| 3:2019cv01702 |
| October 29, 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. § 1383 |
| None |
Docket Report
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Filing 20
ORDER OF TRANSFER. Absent consent to a Magistrate Judge, the case is reassigned to Judge Stefan R Underhill for all further proceedings. Signed by Clerk on 12/12/2019.(Anastasio, F.)
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Filing 19
ORDER granting #18 Motion to Withdraw as Attorney. Other counsel has appeared for the Commissioner. Attorney Daniella Marie Calenzo terminated. It is so ordered. Signed by Judge Sarah A. L. Merriam on 11/30/19. (Merriam, Sarah)
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| Filing 18 MOTION for Daniella M. Calenzo to Withdraw as Attorney by Commissioner of Social Security. Motions referred to Sarah A. L. Merriam(Calenzo, Daniella) |
| Filing 17 NOTICE of Appearance by Emily Fishman on behalf of Commissioner of Social Security Corrected (Fishman, Emily) |
| Filing 16 NOTICE of Appearance by Emily Fishman on behalf of Commissioner of Social Security (Fishman, Emily) |
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Filing 15
REMINDER: Standing Order on Social Security Appeals Signed by Judge Stefan R Underhill on 11/22/2019. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 14 NOTICE of Appearance by Daniella Marie Calenzo on behalf of Commissioner of Social Security (Calenzo, Daniella) |
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Filing 13
ORDER terminating #12 Motion for Leave to Proceed in forma pauperis. The Court has already granted plaintiff's motion for leave to proceed in forma pauperis. See Doc. #8. Signed by Judge Sarah A. L. Merriam on 11/4/2019. (Merriam, Sarah)
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Filing 11
ORDER: The Clerk is directed to seal #2 Motion for Leave to Proceed in forma pauperis and re-file with the sensitive information redacted. Signed by Judge Stefan R Underhill on 11/4/2019. (Simon, K)
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Filing 10
ORDER denying #3 Motion to Appoint Counsel, without prejudice, as premature. 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).The Social Security Administration has been served with plaintiff's complaint, and is required to file the Transcript in this case on or before January 3, 2020. After the Transcript is received, the Court will be in a better position to evaluate the merits of plaintiff's claim. At this time, the Court is unable to assess the likely merits of plaintiff's claims. Therefore, plaintiff's #3 Motion to Appoint Counsel is DENIED, without prejudice, as premature. Plaintiff may re-file his motion after the Transcript has been docketed. It is so ordered. Signed by Judge Sarah A. L. Merriam on 11/1/2019. (Spangenburg, S.)
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Filing 9
ORDER. The Standing Scheduling Order sets the date for the filing of the Transcript in this matter for December 28, 2019. In light of the fact that this deadline falls on a weekend, and during a holiday period, the Court sua sponte resets the deadline to January 3, 2020. It is so ordered. Signed by Judge Sarah A. L. Merriam on 11/1/2019. (Spangenburg, S.)
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Filing 8
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, having no income and no assets. See generally id. at 3-5. Plaintiff also states that he receives both SNAP benefits and cash benefits. See id. at 5. 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 11/1/2019. (Spangenburg, S.)
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| Answer deadline updated for Commissioner of Social Security to 1/3/2020. (Spangenburg, S.) |
| Filing 7 Notice to Self-represented Parties. Signed by Clerk on 10/30/2019.(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 10/29/2019.(Bozek, M.)
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Filing 5
Standing Scheduling Order. Signed by Judge Stefan R Underhill on 10/29/2019.(Bozek, M.)
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Filing 4
Standing Order on Social Security Appeals. Signed by Judge Stefan R Underhill on 10/29/2019. (Attachments: #1 Consent Form)(Bozek, M.)
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| Filing 3 MOTION for Appointment of Counsel by Andrew Milici. Motions referred to Sarah A. L. Merriam(Bozek, M.) |
| Filing 2 MOTION for Leave to Proceed In Forma Pauperis by Andrew Milici. Motions referred to Sarah A. L. Merriam(Bozek, M.) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Andrew Milici.(Bozek, M.) |
| Answer deadline updated for Commissioner of Social Security to 12/28/2019. (Bozek, M.) |
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