Carnevale v. Kijakazi
| Carin A. Carnevale |
| Kilolo Kijakazi |
| Social Security Administration |
| 3:2021cv01205 |
| September 9, 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 0405 dc |
| None |
Docket Report
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| Filing 11 Social Security Transcripts. (Fitzhugh, Nicol) |
| Filing 10 NOTICE of Appearance by Nicol Fitzhugh on behalf of Kilolo Kijakazi (Fitzhugh, Nicol) |
| Judge Sarah A. L. Merriam no longer assigned to case. (Anastasio, F.) |
Filing 9
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 motion includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #3 . Plaintiff has completed the required information, and pursuant to the Court's September 14, 2021, Order (Doc #7), has provided a supplemental affidavit in support of the motion. See Doc. #8 . Plaintiff asserts that she is unable to afford to pay fees and costs, having no income, minimal assets and outstanding debt. See generally Doc. #8 at 1-2. Plaintiff also states she receives "food stamps." Doc. #3 at 5. 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 #3 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/21/2021. (Katz, S.)
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| Filing 8 RESPONSE re 7 Order on Motion for Leave to Proceed in forma pauperis,,,,,,,, (Supplement to Application to proceed In Forma Pauperis) filed by Carin A. Carnevale. (Katz, Ivan) |
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Filing 7
ORDER taking under advisement #3 Motion for Leave to Proceed in forma pauperis.The Court requires further information before it can assess plaintiff's financial circumstances, because the information provided in the financial affidavit does not, without more, support a finding that plaintiff is unable to afford to pay the filing fee. Plaintiff has several thousand dollars in the bank. See Doc. #3 at 4. Additionally, if plaintiff is not paying the monthly mortgage as stated, then given the monthly expenses ($460.00) and income ($1,600.00 gross) reported, plaintiff should have enough excess income each month to pay the filing fee. See id. at 3-4. On the current record, it appears plaintiff has adequate income such that plaintiff "would not be required to forego the necessities of life" in order to pay the filing fee. Whatley v. Astrue, No. 5:11CV1009(NAM)(ATB), 2011 WL 5222908, at *2 (N.D.N.Y. Oct. 14, 2011), report and recommendation adopted, 2011 WL 5196716 (Oct. 31, 2011). Rather, plaintiff may be in unenviable position of "having to weigh the financial constraints posed if [s]he pursues [this action] against the merits of h[er] case." Wrenn v. Sec'y of Health & Hum. Servs., No. 86CV00916, 1987 WL 47383, at *1 (N.D.N.Y. June 18, 1987), aff'd sub nom. Wrenn v. Bowen, 854 F.2d 1315 (2d Cir. 1988).Accordingly, if plaintiff wishes to pursue the motion for leave to proceed in forma pauperis, plaintiff may file an amended financial affidavit on the docket providing further financial information and/or any monthly expenses that are not fully accounted for on the current affidavit. Alternatively, plaintiff may pay the required filing fee. Plaintiff shall either file an amended financial affidavit or pay the filing fee on or before the close of business on September 28, 2021.Failure to comply with this Order may result in denial of the motion. It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/14/2021. (Katz, S.)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 9/9/2021.(Carr, Dave)
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Filing 5
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 9/9/2021.(Carr, Dave)
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Filing 4
Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 9/9/2021. (Attachments: #1 consent form)(Carr, Dave)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Carin A. Carnevale. (Carr, Dave) |
| Filing 2 NOTICE of Appearance by Ivan Michael Katz on behalf of Carin A. Carnevale (Carr, Dave) |
| Filing 1 COMPLAINT against Kilolo Kijakazi, filed by Carin A. Carnevale. (Attachments: #1 cover sheet)(Carr, Dave) |
| Answer deadline updated for Kilolo Kijakazi to 11/8/2021. (Carr, Dave) |
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