Reeve v. Saul
Catherine Reeve |
Andrew Saul |
Social Security Administration |
3:2020cv00613 |
May 5, 2020 |
US District Court for the District of Connecticut |
Sarah A L Merriam |
Michael P Shea |
Stefan R Underhill |
Social Security: SSID Tit. XVI |
42 U.S.C. ยง 405 |
None |
Docket Report
This docket was last retrieved on July 1, 2020. A more recent docket listing may be available from PACER.
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Filing 14 ORDER. The Commissioner's #13 motion for extension of time until September 4, 2020 to file the certified administrative record is GRANTED.Signed by Judge Michael P. Shea on 7/1/2020. (Hausmann, Amy) |
Filing 13 Consent MOTION for Extension of Time until 9/4/2020 to file Certified Administrative Record by Andrew Saul. (Attachments: #1 Exhibit)(Fitzhugh, Nicol) |
Filing 12 ORDER OF TRANSFER. Absent consent to a Magistrate Judge, the case is reassigned to Judge Michael P. Shea for all further proceedings. Signed by Clerk on 6/2/2020.(Anastasio, F.) |
Filing 11 ORDER finding as moot 6 Recommended Ruling. Signed by Judge Stefan R. Underhill on 6/2/2020. (Caldero, M.) |
Filing 10 ORDER granting #9 Second 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. #9 -1. Plaintiff has completed the required information and provided exhibits in support of her motion. Plaintiff asserts that she is unable to afford to pay fees and costs as she is unemployed and has no employment income. See generally id. at 3. Plaintiff also states that she receives "Food Stamps[.]" Id. The exhibits attached to plaintiff's motion further support a finding that plaintiff is unable to pay fees and costs. See id. at 6-9. Accordingly, at this stage, the information that has been provided is 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 #9 Second Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 5/18/2020. (Katz, S.) |
Filing 9 Second MOTION for Leave to Proceed in forma pauperis by Catherine Reeve. (Attachments: #1 Exhibit IFP/Exhibit)(Zimberlin, Russell) |
Filing 8 REMINDER: Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 5/12/2020. (Attachments: #1 Consent Form)(Anastasio, F.) |
Filing 7 NOTICE of Appearance by Nicol Fitzhugh on behalf of Andrew Saul (Fitzhugh, Nicol) |
Filing 6 RECOMMENDED RULING. The Court recommends that plaintiff's #2 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. #2 . That sworn statement, however, is incomplete, leaving the Court unable to assess plaintiff's financial circumstances. Although plaintiff asserts that she incurs substantial monthly expenses, plaintiff provides no information about how she pays for those expenses. See id. at 3-4. Plaintiff states that she is married and that she and her husband are unemployed. See id. at 2. Other than accounting for her monthly receipt of "Food Stamps," plaintiff provides no information about her assets or outstanding debt. See id. at 3-4. "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 #2 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 May 28, 2020, 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). Plaintiff receives notice electronically. Accordingly, any objection must be filed on or before May 21, 2020. 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 5/7/2020. (Katz, S.) |
Filing 5 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 05/5/2020.(Fazekas, J.) |
Filing 4 STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 05/5/2020.(Fazekas, J.) |
Filing 3 STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 05/5/2020. (Attachments: #1 Consent Form)(Fazekas, J.) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Catherine Reeve. (Fazekas, J.) |
Filing 1 COMPLAINT against Andrew Saul, filed by Catherine Reeve. (Attachments: #1 Civil Cover Sheet)(Fazekas, J.) |
Answer deadline updated for Andrew Saul to 7/7/2020. (Fazekas, J.) |
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