Wieland v. Saul
| Kimberly Wieland |
| Andrew Saul |
| Social Security Administration |
| 3:2021cv00042 |
| January 12, 2021 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Sarah A L Merriam |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 0405 dc |
| None |
Docket Report
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This docket was last retrieved on March 9, 2021. A more recent docket listing may be available from PACER.
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Filing 14
ORDER DISMISSING Complaint Pursuant To 28 U.S.C. Section 1915(e)(2). Signed by Judge Thomas O. Farrish on 3/9/21.(Wood, R.)
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| Filing 13 NOTICE of Appearance by Julia C. Walker on behalf of Andrew Saul (Walker, Julia) |
| Filing 12 CONSENT to Jurisdiction by US Magistrate Judge by Andrew Saul, Kimberly Wieland. Case reassigned to Magistrate Judge Thomas O. Farrish. This matter has been transferred to a magistrate judge. All non-efiled submissions should be filed at the seat of court where the magistrate judge presides. The case number will remain the same, but must be followed by the magistrate judge's initials. Signed by Judge Stefan R. Underhill on 1/13/2021.(Anastasio, F.) |
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Filing 11
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion seeking to proceed without payment of fees and costs, which includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #3 . Plaintiff has not been employed since 2013. See id. at 3. Plaintiff reports that she receives government cash benefits, see id., and "Food Stamps[,]" and has minimal cash on hand. Id. at 4. At this stage, such allegations are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. 28 U.S.C. 1915(a)(1). Accordingly, plaintiff's #3 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered.Signed by Judge Sarah A. L. Merriam on 1/13/2021. (Weis, Anne)
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Filing 10
ORDER TO SHOW CAUSE why plaintiff's complaint should not be dismissed as untimely. Plaintiff has filed a complaint seeking review of a final decision of the Commissioner of Social Security. See Doc. #1 . The Complaint was filed by mail. See Doc. #1 -2. Plaintiff has dated the complaint December 15, 2020, see Doc. #1 at 3, but the date stamp applied by the Clerk's Office indicates that it was received by the Court on January 12, 2021. See id. at 1. A plaintiff must file any civil action seeking review of a final decision of the Commissioner within 60 days of receiving notice of that decision, unless the time is extended. See 42 U.S.C. 405(g). "[T]he date of receipt of notice" is "presumed to be 5 days after the date of such notice, unless there is a reasonable showing to the contrary." 20 C.F.R. 422.210(c). Plaintiff alleges that the Appeals Council denied her request for review on September 15, 2020. See Doc. #1 at 3. Any appeal to this Court was required to be filed within 65 days of that date, that is, on or before November 19, 2020. Plaintiff's complaint was received by the Court on January 12, 2021, nearly two months after that deadline. Even if the Court were to construe the Complaint as having been filed on the date it was purportedly signed, December 15, 2020, it would have been filed 26 days late. Accordingly, it appears that plaintiff's complaint was not timely filed. Plaintiff is hereby ORDERED to show cause why the Court should not dismiss the complaint as untimely. Plaintiff shall file a response to this Order on or before February 12, 2021. Plaintiff should attach a copy of the notice she received from the Appeals Council to her response. Failure to respond to this Order may result in dismissal of this action. It is so ordered. Signed by Judge Sarah A. L. Merriam on 1/13/2021.(Weis, Anne)
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| Filing 9 Notice to Self-Represented Parties Signed by Clerk on 1/12/2021. (Reis, Julia) |
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Filing 8
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 1/12/2021. (Reis, Julia)
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Filing 7
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 1/12/2021. (Reis, Julia)
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Filing 6
Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 1/12/2021. (Attachments: #1 Consent Form)(Reis, Julia)
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| Filing 5 NOTICE re: Consent to Magistrate Judge by Kimberly Wieland (Reis, Julia) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Kimberly Wieland. (Reis, Julia) |
| Filing 2 Appearance Self Represented Party by Kimberly Wieland (Reis, Julia) |
| Filing 1 COMPLAINT against Andrew Saul, filed by Kimberly Wieland. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(Reis, Julia) |
| Answer deadline updated for Andrew Saul to 3/13/2021. (Reis, Julia) |
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