Lavoie v. Kijakazi
| Caroline Lavoie |
| Kilolo Kijakazi |
| Social Security Administration |
| 3:2021cv01560 |
| November 23, 2021 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| 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 January 20, 2022. A more recent docket listing may be available from PACER.
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Filing 12
REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 1/20/2022. (Attachments: #1 Consent Form)(Anastasio, F.)
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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) |
| Filing fee received from Meryl Anne Spat: $ 402.00, receipt number CTXB00012668 (Oliver, T.) |
| Filing 9 MOTION for Extension of Time to Pay the Filing Fee by Caroline Lavoie. (Oliver, T.) |
| Filing 8 MOTION for Extension of Time until January 21, 2021 receipt of a check by Caroline Lavoie. (Spat, Meryl) |
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Filing 7
ORDER Approving and Adopting 6 Recommended Ruling.; denying #2 Motion for Leave to Proceed in forma pauperis. Upon review and absent objection, the court affirms, adopts and ratifies 6 Recommended Ruling, denying #2 Motion for Leave to Proceed in forma pauperis. The plaintiff is put on notice that she must either re-file the motion to proceed in forma pauperis OR pay the full filing fee by December 27, 2021. Failure to do so will result in the dismissal of her case. Signed by Judge Stefan R. Underhill on 12/13/21. (Caldero, M.)
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| Set Deadlines/Hearings: Dismissal due by 12/27/2021. (Caldero, M.) |
| Filing 6 RECOMMENDED RULING recommending denial of #2 Plaintiff's Motion for Leave to Proceed In Forma Pauperis.28 U.S.C. 1915(a)(1) allows a court to authorize commencement of an action without prepayment of fees when "the person is unable to pay such fees or give security therefor." To show an inability to pay, the plaintiff does not have to demonstrate absolute destitution, see Potnick v. E. State. Hosp., 701 F.2d 243, 244 (2d Cir. 1983) (per curiam), but she does need to show that "paying such fees would constitute a serious hardship." Fiebelkorn v. U.S., 77 Fed. Cl. 59, 62 (2007). Put differently, a "sufficient" in forma pauperis application is one that demonstrates that the plaintiff "cannot because of [her] poverty pay or give security for the costs and still be able to provide [her]self and [her] dependents with the necessities of life." Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948).In support of her motion, the plaintiff has submitted a financial affidavit stating that she has not worked in over eighteen months, and that unemployment benefits are her only current source of income. The affidavit also states, however, that she has $8,000 in the bank. It further discloses that she owns her home, along with a late-model sports sedan. The undersigned is accordingly unable to conclude that the plaintiff "cannot because of... poverty" pay the filing fee and still be able to provide herself with "the necessities of life," and recommends that the motion be denied. Objections, if any, to this recommendation must be filed by December 7, 2021. See Fed. R. Civ. P. 72(b)(2); D. Conn. L. Civ. R. 72.2(a). Signed by Judge Thomas O. Farrish on 11/23/2021.(Farrish, Thomas) |
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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 11/23/2021.(Fazekas, J.)
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Filing 4
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 11/23/2021.(Fazekas, J.)
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Filing 3
STANDING ORDER ON SOCIAL SECURITY APPEALS. Signed by Judge Stefan R. Underhill on 11/23/2021. (Attachments: #1 Consent Form)(Fazekas, J.)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Carolyn A Lavoie. (Spat, Meryl) |
| Filing 1 COMPLAINT against All Defendants, filed by Carolyn A Lavoie.(Spat, Meryl) |
| Answer deadline updated for Kilolo Kijakazi to 1/24/2022. (Fazekas, J.) |
| Judge Stefan R. Underhill and Judge Thomas O. Farrish added. Motions referred to Thomas O. Farrish (Oliver, T.) |
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