Osman v. Saul
| Venestra Osman |
| Andew Saul |
| Social Security Administration |
| 3:2020cv00899 |
| June 30, 2020 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Sarah A L Merriam |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 |
| None |
Docket Report
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This docket was last retrieved on August 25, 2020. A more recent docket listing may be available from PACER.
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Filing 16
ORDER granting Defendant's #15 Consent Motion for Extension of Time to file Administrative Record until 10/30/2020. Signed by Judge Vanessa L. Bryant on 8/25/2020. (Nault, James)
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| Administrative Record deadline updated to 10/30/2020 per Dkt. 16 Order. (Shafer, J.) |
| Filing 15 Consent MOTION for Extension of Time until October 30, 2020 to File Certified Administrative Record by Andew Saul. (Attachments: #1 Exhibit Declaration)(Fitzhugh, Nicol) |
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Filing 14
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 7/30/2020. (Shafer, J.)
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Filing 13
ORDER OF TRANSFER. Absent consent to a Magistrate Judge, the case is reassigned to Judge Vanessa L. Bryant for all further proceedings. Signed by Clerk on 7/30/2020.(Anastasio, F.)
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Filing 12
ORDER finding as moot 10 Recommended Ruling. Signed by Judge Stefan R. Underhill on 7/30/20. (Caldero, M.)
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Filing 11
ORDER finding as moot #2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Stefan R. Underhill on 7/30/20. (Caldero, M.)
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| Filing fee received from Venestra Osman: $400.00, receipt number CTXH00017100. (Bozek, M.) |
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Filing 10
RECOMMENDED RULING. The Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED. 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 . In pertinent part, plaintiff attests that she owns a home with $100,000 in equity, and has two bank accounts with a combined balance of $1,930. See id. at 3-4. Plaintiff also states that her son, and his father, pay many of the bills, including the home's property taxes and utilities. See id.On July 2, 2020, the Court issued an order stating that, based on the information provided, it was "unable to determine whether plaintiff should be permitted to proceed in forma pauperis." Doc. #7. Accordingly, the Court ordered plaintiff to file a memorandum in support of her motion, by July 16, 2020, "articulating the basis on which plaintiff asserts that the Court should find the waiver of fees and costs appropriate given plaintiff's assets and available bank account balances." Id. Plaintiff has failed to file any response to the Court's order.28 U.S.C. 1915(a)(1) allows a court to authorize commencement of an action without prepayment of fees only when "the person is unable to pay such fees or give security therefor." 28 U.S.C. 1915(a)(1) (emphasis added). The allegations in plaintiff's affidavit are insufficient to establish plaintiff's inability to pay the ordinary filing fees required by the Court. See id. Accordingly, the Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED. If plaintiff wishes to pursue this matter, she must pay the required filing fee on or before August 10, 2020.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). Accordingly, any objection must be filed on or before August 3, 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 7/20/2020. (Katz, S.)
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Filing 9
REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 7/10/2020. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 8 NOTICE of Appearance by Nicol Fitzhugh on behalf of Andew Saul (Fitzhugh, Nicol) |
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Filing 7
ORDER re #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 information. See Doc. #2 . Although plaintiff asserts that she is unable to pay fees and costs, she also asserts that she owns a home with $100,000 in equity, and has two bank accounts with a combined balance of $1,930. See id. at 3-4. Plaintiff also states that her son, and his father, pay many of the bills, including the home's property taxes and utilities. See id. Based on the information currently provided, the Court is unable to determine whether plaintiff should be permitted to proceed in forma pauperis. Plaintiff is therefore ORDERED to file a memorandum in support of her #2 Motion for Leave to Proceed in forma pauperis, articulating the basis on which plaintiff asserts that the Court should find the waiver of fees and costs appropriate given plaintiff's assets and available bank account balances. Plaintiff shall file her memorandum on or before the close of business on July 16, 2020. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/2/2020. (Katz, S.)
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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 06/30/2020.(Fazekas, J.)
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Filing 5
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 06/30/2020.(Fazekas, J.)
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Filing 4
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 06/30/2020. (Attachments: #1 Consent Form)(Fazekas, J.)
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| Filing 3 Financial Information by Venestra Osman re #2 MOTION for Leave to Proceed in forma pauperis. (Fazekas, J.) Modified on 7/14/2020 to edit text (Fazekas, J.). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Venestra Osman. (Fazekas, J.) |
| Filing 1 COMPLAINT against Andew Saul, filed by Venestra Osman. (Attachments: #1 Envelope)(Fazekas, J.) |
| Answer deadline updated for Andew Saul to 8/31/2020. (Fazekas, J.) |
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