Asanovsky v. Saul
| Alija Asanovsky |
| SSA Commissioner Andrew M. Saul and Andrew M. Saul |
| Social Security Administration |
| 3:2020cv01689 |
| November 10, 2020 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 0405 dc |
| None |
Docket Report
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| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Jaiman, R.) |
Filing 10
ORDER approving and adopting 7 Recommended Ruling. This action is dismissed for failure to pay the filing fee following the Court's Orders denying Plaintiff's Motion to Proceed In Forma Pauperis, Dkt. 6 and Dkt. 7 . The Clerk is directed to close this matter. Signed by Judge Stefan R. Underhill on 12/8/2020. (Caldero, M.)
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Filing 9
REMINDER: Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 11/30/2020. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 8 NOTICE of Appearance by Nicol Fitzhugh on behalf of Andrew M. Saul (Fitzhugh, Nicol) |
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Filing 7
RECOMMENDED RULING. The Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED. Plaintiff, through her counsel, has filed a motion seeking to proceed without payment of fees and costs. Attached to the motion is a form Financial Affidavit. See Doc. #2 . That Affidavit, however, is completely blank, other than plaintiff's name and address being typed in on the first page. The form is unsigned and fails to provide any information regarding plaintiff's financial circumstances. On November 12, 2020, the undersigned entered an Order noting the "completely blank" form attached to plaintiff's motion, and requiring that by the close of business on November 16, 2020, plaintiff either re-file a completed and signed motion, or pay the required filing fee. See Doc. #6. On November 12, 2020, a copy of this Order was delivered electronically to plaintiff's counsel via email to spatfax@gmail.com. To date, plaintiff has failed to re-file her motion or pay the required filing fee."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. 5:11CV01009(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 where plaintiff failed to complete application). Additionally, plaintiff's motion is not signed under the penalties of perjury, an essential requirement of the statute authorizing the commencement of an action without prepayment of fees or costs. See 28 U.S.C. 1915(a)(1); United States v. Copen, 378 F. Supp. 99, 103 (S.D.N.Y. 1974) (Leave to proceed in forma pauperis may be obtainable only upon submission by the party of an affidavit made as required by that statute.).Accordingly, the Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED. Plaintiff shall pay the required filing fee on or before December 1, 2020, or this case may be dismissed. 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 December 1, 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 11/17/2020. (Katz, S.)
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Filing 6
ORDER. Plaintiff has filed a Motion for Leave to Proceed in forma pauperis. (Doc. #2 ). The motion is entirely blank, leaving the Court unable to assess plaintiff's financial circumstances.Accordingly, on or before the close of business on November 16, 2020, plaintiff shall either re-file a completed and signed Motion for Leave to Proceed in forma pauperis or pay the required filing fee. Failure to do so will result in the denial of plaintiff's #2 Motion for Leave to Proceed in forma pauperis and the recommendation that this matter be dismissed.It is so ordered. Signed by Judge Sarah A. L. Merriam on 11/12/2020. (Katz, S.)
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| ENTERED IN ERROR - Docket Entry Correction re #1 Complaint - filing attorney notified by email to file motion for IFP or pay filing fee by noon today, Thursday 11/12/2020. (Walker, J.) Modified on 11/12/2020 (Walker, J.). |
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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 11/10/2020. (Oliver, T.)
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Filing 4
STANDING SCHEDULING ORDER: Signed by Judge Stefan R. Underhill on 11/10/2020. (Oliver, T.)
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Filing 3
Standing Order on Social Security Appeals. Signed by Judge Stefan R. Underhill on 11/10/2020. (Attachments: #1 consent form) (Oliver, T.)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Alija Asanovsky. (Walker, J.) Modified on 11/12/2020 to edit file date(Walker, J.). |
| Answer deadline updated for Andrew M. Saul to 1/9/2021. (Oliver, T.) |
| Judge Stefan R. Underhill and Judge Sarah A. L. Merriam added. Motions referred to Sarah A. L. Merriam(Nuzzi, Tiffany) |
| Filing 1 COMPLAINT against Andrew M. Saul, filed by Alija Asanovsky. (Attachments: #1 Affidavit)(Spat, Meryl) |
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