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
This docket was last retrieved on September 23, 2020. A more recent docket listing may be available from PACER.
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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 10 NOTICE of Appearance by Nicol Fitzhugh on behalf of Andrew Saul (Fitzhugh, Nicol) |
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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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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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