Scarduzio v. Kijakazi
| Christian Mendez Scarduzio and Chrstian Mendez Scarduzio |
| Acting Commissioner Kilolo Kijakazi and Kilolo Kijakazi |
| Social Security Administration |
| 3:2023cv00473 |
| April 14, 2023 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Michael P Shea |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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| Filing 14 NOTICE by Kilolo Kijakazi of filing of Unofficial Text-searchable Copy of Certified Administrative Record (Attachments: #1 Exhibit Unofficial text-searchable copy of Certified Administrative Record)(Molinaro, John) |
| Filing 13 Social Security Transcripts. (Molinaro, John) |
| Filing 12 Absent consent to a Magistrate Judge, this case is referred to Magistrate Judge Maria E. Garcia for all purposes including issuing a Recommended Ruling. Signed by Judge Michael P. Shea on 5/9/2023.(Anastasio, F.) |
Filing 11
ORDER finding as moot #2 Motion for Leave to Proceed in forma pauperis in light of the payment of the filing fee on 5/1/23. Signed by Judge Maria E. Garcia on 5/1/23. (Cabral, Donald)
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| Filing fee received from Law Offices of Lewis B. Insler: $402.00, receipt number 26815(Chartier, AnnMarie) Modified on 5/9/2023 to add receipt number (Freberg, B). |
| Filing 10 NOTICE OF INSUFFICIENCY. To prevail on a Motion for Leave to Proceed in forma pauperis, Plaintiff must establish he is "unable to pay" by providing the Court the full picture of his financial situation. 28 U.S.C. 1915(a)(1). Plaintiff declared no income, assets, or obligations in his financial affidavit in support of his #2 Motion for Leave to Proceed in forma pauperis. Courts have held that such affidavits do not establish an inability to pay the filing fee because no one can possibly live on zero income and have found that such affidavits must necessarily be incomplete. In the case of Pierre v. City of Rochester, for example, the court denied a motion for leave to proceed in forma pauperis when the plaintiff "claim[ed] that he ha[d] no assets and receive[d] no support from a spouse or from any other source," because he "offer[ed] no explanation for how he survives day-to-day or how his monthly expenses are paid." No. 16-CV-6428 (CJS), 2018 WL 10072449, at *1 (W.D.N.Y. Dec. 13, 2018). The court added that if a plaintiff has no income of his own, but is instead being supported by another person, he should list that support on his affidavit because "[i]n assessing an application to proceed in forma pauperis, a court may consider the resources that the applicant has or can get from those who ordinarily provide the applicant with the necessities of life, such as from a spouse, parent, adult sibling or next friend." Id. (quoting Fridman v. City of N.Y., 195 F. Supp. 2d 534, 537 (S.D.N.Y. 2002)).Here, Plaintiff declared that his parents financially support him but provided no details of their financial resources that the applicant can get. Therefore, by May 1, 2023, Plaintiff must either (a) pay the filing fee or (b) submit a revised financial affidavit clarifying his parents resources and their ability to pay the filing fee. Plaintiff is respectfully advised that, if he neither pays the filing fee nor obtains leave to proceed in forma pauperis, his case may be dismissed. Signed by Judge Maria E. Garcia on 4/19/23. (Cabral, Donald) |
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Filing 9
REMINDER: Standing ORDER on Social Security Appeals Signed by Judge Michael P. Shea on 4/19/2023. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 8 NOTICE of Appearance by John Molinaro on behalf of Kilolo Kijakazi (Molinaro, John) |
| Filing 7 Notice of New SSA Action: Electronic service of the complaint was made by the Clerk's Office upon the Social Security Office of General Counsel and the US Attorney's Office for the District of Connecticut. (Chartier, AnnMarie) |
| Filing 6 NOTICE to Counsel: Due to privacy restrictions on social security cases, absent both a consent to electronic notice and an approved motion for efiling privileges, counsel must mail paper copies to self-represented litigants. Signed by Clerk on 4/14/2023.(Chartier, AnnMarie) |
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 4/14/2023.(Chartier, AnnMarie)
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Filing 4
Standing ORDER Re: Social Security Cases Signed by Judge Michael P. Shea on 4/14/2023.(Chartier, AnnMarie)
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Filing 3
Standing ORDER on Social Security Appeals Signed by Judge Michael P. Shea on 4/14/2023. (Attachments: #1 Consent Form)(Chartier, AnnMarie)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Chrstian Mendez Scarduzio. (Anastasio, F.) |
| Judge Michael P. Shea and Judge Maria E. Garcia added. (Freberg, B) |
| Answer deadline updated for Kilolo Kijakazi to 6/14/2023. (Chartier, AnnMarie) |
| Filing 1 COMPLAINT against Kilolo Kijakazi, filed by Christian Mendez Scarduzio. (Attachments: #1 Application to proceed IFP)(Insler, Lewis) |
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