McDonald v. Commissioner of the Social Security Administration
| Brian McDonald |
| Commissioner of the Social Security Administration |
| Social Security Administration |
| 3:2021cv01239 |
| September 17, 2021 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Robert A Richardson |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Filing 12 Social Security Transcripts. (Fitzhugh, Nicol) |
| Filing 11 NOTICE of Appearance by Nicol Fitzhugh on behalf of Commissioner of the Social Security Administration (Fitzhugh, Nicol) |
Filing 10
ORDER: The plaintiff has paid the filing fee in this case. In light of this payment the #2 Motion for Leave to Proceed in forma pauperis and 3 Recommended Ruling are denied as moot. Signed by Judge Robert A. Richardson on 10/4/2021. (Fries, J.)
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| Filing fee received from Brian McDonald: $ 402.00, receipt number CTXN00023872 (Pesta, J.) Modified on 9/28/2021 to add receipt number (Carr, Dave). |
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Filing 9
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Robert A. Richardson on 9/22/21.(Blue, A.)
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| Filing 8 CONSENT to Jurisdiction by US Magistrate Judge by Commissioner of the Social Security Administration, Brian McDonald. Case reassigned to Magistrate Judge Robert A. Richardson. 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 9/22/2021.(Anastasio, F.) |
| Filing 7 NOTICE by Brian McDonald Consent to Magistrate Judge (Dunn, Jennifer) |
| Filing 3 RECOMMENDED RULING. The Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED. 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 . In pertinent part, plaintiff attests that he has $8,000 total in his checking and savings accounts. See id. at 4. It thus appears that plaintiff has sufficient cash on hand to pay the $400 filing fee. 28 U.S.C. 1915(a)(1) allows a court to authorize commencement of an action without prepayment of fees only when "the person is unable to pay such fees or give security therefor." 28 U.S.C. 1915(a)(1) (emphasis added). The allegations in plaintiff's affidavit are insufficient to establish plaintiff's inability to pay the ordinary filing fees required by the Court. See id. Indeed, based on the statements in the affidavit, plaintiff may be in the unenviable position of "having to weigh the financial constraints posed if he pursues [this action] against the merits of his 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, the Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED. If plaintiff wishes to pursue this matter, he must pay the required filing fee on or before October 4, 2021.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 October 4, 2021. 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 9/20/2021. (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 09/17/2021.(Fazekas, J.)
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Filing 5
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 09/17/2021.(Fazekas, J.)
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Filing 4
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 09/17/2021. (Attachments: #1 Consent Form)(Fazekas, J.)
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| Answer deadline updated for Commissioner of the Social Security Administration to 11/16/2021. (Fazekas, J.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Brian McDonald. (Anastasio, F.) |
| Filing 1 COMPLAINT against Commissioner of the Social Security Administration, filed by Brian McDonald. (Attachments: #1 Civil Cover Sheet, #2 Application to Proceed IFP)(Dunn, Jennifer) Modified on 9/17/2021 to correct parties (Anastasio, F.). |
| Judge Stefan R. Underhill and Judge Sarah A. L. Merriam added. Motions referred to Sarah A. L. Merriam(Anastasio, F.) |
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