Verrill v. Commissioner of Social Security
| Tonya Kara Verrill |
| Commissioner of Social Security |
| Social Security Administration |
| 3:2023cv00918 |
| July 7, 2023 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Michael P Shea |
| Social Security: SSID Tit. XVI |
| None |
Docket Report
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| Filing 12 MOTION for Extension of Time until Oct. 9, 2023 to File Certified Record by Commissioner of Social Security. (Molinaro, John) |
| Set Deadlines: Dismissal due by 8/24/2023 (Johnson, D.) |
Filing 11
ORDER: Plaintiff was notified that her motion for leave to file in forma pauperis was insufficient on 7/14/2023 10 . Plaintiff was ordered to refile by 8/5/2023. The insufficiency notice was returned to the court and remailed to the Plaintiff on 8/2/2023. Plaintiff has not responded or refiled her motion for leave to file in forma pauperis. The Court will give the plaintiff a final opportunity: If the plaintiff has not refiled her financial affidavit (see ECF No. 10) by August 24, 2023, the Court will dismiss this case. Signed by Michael P. Shea, Chief Judge on 8/10/2023.(Housman, L)
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Filing 10
NOTICE of INSUFFICIENCY- re #2 MOTION for Leave to Proceed in forma pauperis.Plaintiff has moved for leave to proceed in forma pauperis - in other words, she has asked the Court for permission to start a civil case without paying the customary filing fee. A federal law permits her to do so if, among other things, she submits an affidavit listing her assets and showing that she is unable to pay the fee. See 28 U.S.C. 1915(a)(1). To help plaintiffs make this showing, the District of Connecticut provides a standard-form financial affidavit on its website, www.ctd.uscourts.gov. Here, Plaintiff filed an affidavit stating she receives no income and left blank all sections inquiring about her assets, including bank accounts. She states she has $113 in monthly obligations from her phone bill and credit card bill. 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)). If Plaintiff wishes to start this lawsuit without paying the filing fee, she is ORDERED to file another financial affidavit within twenty-one days of this order - that is, by August 5, 2023. In that affidavit, she must complete all sections to explain how she supports herself, and if she is supported by another person, she should explain whether that person can or cannot pay the filing fee. The Clerk of the Court is respectfully directed to mail a copy of this order to the Plaintiff at her address of record, and to note on the docket that she has done so. Signed by Judge Maria E. Garcia on 7/14/23. (Esposito, A.)
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| Filing 3 NOTICE of Appearance by John Molinaro on behalf of Commissioner of Social Security (Molinaro, John) |
| Filing 9 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 8 NOTICE to Self-represented Parties. Signed by Clerk on 7/7/2023.(Chartier, AnnMarie) |
| Filing 7 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 7/7/2023.(Chartier, AnnMarie) |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 7/7/2023.(Chartier, AnnMarie)
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Filing 5
Standing ORDER Re: Social Security Cases. Signed by Judge Michael P. Shea on 7/7/2023.(Chartier, AnnMarie)
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Filing 4
Standing ORDER on Social Security Appeals. Signed by Judge Michael P. Shea on 7/7/2023. (Attachments: #1 Consent Form)(Chartier, AnnMarie)
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| Judge Michael P. Shea and Judge Maria E. Garcia added. (Freberg, B) |
| Answer deadline updated for Commissioner of Social Security to 9/7/2023. (Chartier, AnnMarie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Tonya Kara Verrill. (Chartier, AnnMarie) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Tonya Kara Verrill. (Attachments: #1 Attachments)(Chartier, AnnMarie) |
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