Gaglione v. Saul
| Christina M. Gaglione |
| Andrew Saul |
| Social Security Administration |
| 3:2021cv00409 |
| March 24, 2021 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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Filing 12
RECOMMENDED RULING. For the reasons set forth in the attached recommended ruling, the Court recommends that plaintiff's #2 motion for leave to proceed in forma pauperis be DENIED, without prejudice, and plaintiff's #1 Complaint be DISMISSED,without prejudice, for failure to comply with the Court's orders.Any objections to this recommended ruling must be filed on or before June 7, 2021. Failure to file an objection by this deadline will preclude appellate review. Signed by Judge Sarah A. L. Merriam on 5/18/2021. (Katz, S.)
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Filing 11
ORDER TO SHOW CAUSE why this matter should not be DISMISSED for failure to comply with the Court's Orders.On March 25, 2021, the Court entered two Orders. The first Order required that on or before April 12, 2021, the self-represented plaintiff file a copy of the Appeals Council decision, so that the Court could determine whether or not this action had been timely filed. See Doc. #7. The second Order required that on or before April 12, 2021, plaintiff re-file her #2 Motion for Leave to Proceed in forma pauperis because plaintiff had failed to sign the supporting financial affidavit under the penalties of perjury. See Doc. #8. To date, plaintiff has failed to respond to either of these Orders. Accordingly, plaintiff is hereby ORDERED to show cause why this case should not be dismissed for her failure to comply with the Court's Orders. On or before May 10, 2021, plaintiff shall file a response to this Order, as well as: (1) a copy of the Appeals Council's decision; and (2) a motion for leave to proceed in forma pauperis, which motion shall include a completed and signed financial affidavit.Failure to respond to this Order to Show Cause may result in the dismissal of plaintiff's case. It is so ordered. Signed by Judge Sarah A. L. Merriam on 4/19/2021. (Katz, S.)
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Filing 10
REMINDER: Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 3/29/2021. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 9 NOTICE of Appearance by Julia C. Walker on behalf of Andrew Saul (Walker, Julia) |
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Filing 8
ORDER re: #2 Motion for Leave to Proceed in forma pauperis.The self-represented plaintiff 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 . Although plaintiff has provided the factual information sought in the affidavit, the affidavit 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, on or before April 12, 2021, plaintiff shall re-file her motion and completed financial affidavit, ensuring that she signs and dates the affidavit in the areas provided by that form. Failure to re-file the motion may result in the undersigned recommending that this case be dismissed. It is so ordered. Signed by Judge Sarah A. L. Merriam on 3/25/2021. (Katz, S.)
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Filing 7
ORDER. The self-represented plaintiff has filed a form Complaint for Review of Social Security Administration Decision. (Doc. #1 ). Plaintiff alleges that the Appeals Council issued its decision on January 13, 2021. See Doc. #1 at 2. Plaintiff filed her complaint on March 24, 2021. If, as plaintiff alleges, the Appeals Council issued its decision on January 13, 2021, then plaintiff's Complaint would be untimely.Accordingly, plaintiff is hereby ORDERED to file a copy of the Appeals Council decision so that the Court may determine whether this action was timely filed. Plaintiff shall file that document with the Court on or before April 12, 2021.It is so ordered. Signed by Judge Sarah A. L. Merriam on 3/25/2021. (Katz, S.)
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| Filing 6 Notice to Self-Represented Parties Signed by Clerk on 3/25/2021. (Reis, Julia) |
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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 3/24/2021. (Reis, Julia)
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Filing 4
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 3/24/2021. (Reis, Julia)
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Filing 3
Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 3/24/2021. (Attachments: #1 Consent Form)(Reis, Julia)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Christina M. Gaglione. (Reis, Julia) |
| Filing 1 COMPLAINT against Andrew Saul, filed by Christina M. Gaglione. (Reis, Julia) |
| Answer deadline updated for Andrew Saul to 5/23/2021. (Reis, Julia) |
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