Provencher v. Saul
| Denise Provencher |
| Commissioner of Social Security and Andrew Saul |
| Social Security Administration |
| 3:2020cv01088 |
| July 30, 2020 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 1383 |
| None |
Docket Report
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Filing 15
ORDER granting the Commissioner's #14 Consent Motion for Extension of Time until November 27, 2020 to file the Certified Administrative Record. Signed by Judge Vanessa L. Bryant on 9/23/2020. (Nault, James)
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| Certified Administrative Record deadline updated to 11/27/2020 per Dkt. 15 Order. (Shafer, J.) |
| Filing 14 Consent MOTION for Extension of Time until November 27, 2020 to file the Certified Administrative Record by Andrew Saul. (Fitzhugh, Nicol) |
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Filing 13
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 8/31/2020. (Shafer, J.)
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Filing 12
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 8/31/2020.(Anastasio, F.)
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Filing 11
REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 8/12/2020. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 10 NOTICE of Appearance by Nicol Fitzhugh on behalf of Andrew Saul (Fitzhugh, Nicol) |
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Filing 9
ORDER finding as moot 6 Recommended Ruling; finding as moot #2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Stefan R. Underhill on 8/5/2020. (Caldero, M.)
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Filing 8
ORDER granting #7 Amended Motion for Leave to Proceed in forma pauperis. On July 31, 2020, the undersigned recommended that plaintiff's Motion for Leave to Proceed in forma pauperis (Doc. #2 ) be denied without prejudice because the motion was "incomplete" and "the Court [was] unable to fully assess plaintiff's financial circumstances." Doc. #6. Plaintiff has timely filed an amended 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. #7 . Plaintiff has now completed the required information. She asserts that she is unable to afford to pay fees and costs, having been unemployed since 1996 and having no assets. See generally id. at 3-4. Plaintiff also states that she has been receiving "food stamp" benefits since 2014. Id. at 3. 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 #7 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered.Signed by Judge Sarah A. L. Merriam on 8/5/2020. (Spangenburg, S.)
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| Filing 7 Amended MOTION for Leave to Proceed in forma pauperis with supporting financial affidavit by Denise Provencher. (Huebner, Gary) |
| 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 fully assess plaintiff's financial circumstances. Indeed, plaintiff has failed to provide information concerning other property owned, cash or securities on hand, and her monthly obligations. Further, where plaintiff was instructed to provide information regarding her prior work if she is currently unemployed, plaintiff only wrote "1996?" Id. at 3. "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 August 14, 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 previous employment, other property owned, cash or securities on hand, her monthly obligations, 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 a recommended ruling ordinarily must be filed with the Clerk of the Court within fourteen (14) days after the filing of the ruling. See Fed. R. Civ. P. 72(b)(2). Accordingly, any objection must be filed on or before August 14, 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 7/31/2020. (Spangenburg, S.) |
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 07/30/2020.(Fazekas, J.)
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Filing 4
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 07/30/2020.(Fazekas, J.)
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Filing 3
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 07/30/2020. (Attachments: #1 Consent Form)(Fazekas, J.)
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| Judge Stefan R. Underhill and Judge Sarah A. L. Merriam added. Motions referred to Sarah A. L. Merriam (Oliver, T.) |
| Answer deadline updated for Andew Saul to 9/28/2020. (Fazekas, J.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis with supporting financial affidavit by Denise Provencher. (Huebner, Gary) |
| Filing 1 COMPLAINT against All Defendants, filed by Denise Provencher. (Attachments: #1 Supplement Notice of Appeals Council Action, #2 Supplement extension request)(Huebner, Gary) |
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