ALEXANDER v. COMMISSIONER OF SOCIAL SECURITY
| KENNETH SPENCER ALEXANDER |
| COMMISSIONER OF SOCIAL SECURITY |
| SOCIAL SECURITY ADMINISTRATION |
| 1:2023cv02939 |
| October 3, 2023 |
| U.S. District Court for the District of Columbia |
| Zia M Faruqui |
| Timothy J Kelly |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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| Filing 45 NOTICE of Proposed Order re #44 Objection to Answer to Writ by KENNETH SPENCER ALEXANDER. (ALEXANDER, KENNETH) Modified on 11/1/2023 to correct event at the request of pro se filer (zjm). |
| Filing 44 RESPONSE re #43 MOTION to Dismiss , or in the alternative, Motion for Summary Judgment by KENNETH SPENCER ALEXANDER. (ALEXANDER, KENNETH); Modified text and added docket entry relationship on 11/8/2023 (ztth). |
| Filing 46 Memorandum in opposition to #28 Motion for Preliminary Injunction filed by COMMISSIONER OF SOCIAL SECURITY. (See Docket Entry #43 to view document.) (ztth) |
| Filing 43 MOTION to Dismiss , or in the alternative, Motion for Summary Judgment, and Opposition to Plaintiff's Amended and Emergency Motions for Preliminary Injunction by COMMISSIONER OF SOCIAL SECURITY. (Attachments: #1 Declaration, #2 Statement of Facts, #3 Text of Proposed Order, #4 Exhibit Exhbit A, #5 Exhibit Exhbit B, #6 Exhibit Exhibit C, #7 Exhibit Exhibit D, part 1, #8 Exhibit Exhibit D, part 2, #9 Exhibit Exhibit E, #10 Exhibit Exhibit F, #11 Exhibit Exhibit G, #12 Exhibit Exhibit H, #13 Exhibit Exhibit I, #14 Exhibit Exhibit J, #15 Exhibit Exhibit K, part 1, #16 Exhibit Exhibit K, part 2, #17 Exhibit Exhibt L, #18 Exhibit Exhibit M, #19 Exhibit Exhibit N, #20 Exhibit Exhibit O, #21 Exhibit Exhibit P, #22 Exhibit Exhibit Q, #23 Exhibit Exhibit R, #24 Exhibit Exhibit S, #25 Exhibit Exhibit T, #26 Exhibit Exhibit U, #27 Exhibit Exhibit V, #28 Exhibit Exhibit W, #29 Exhibit Exhibit X, #30 Exhibit Exhibit Y, part 1, #31 Exhibit Exhibit Y, part 2, #32 Exhibit Exhibit Z, #33 Exhibit Exhibit AA, #34 Exhibit Exhibit BB)(McMullan, Krystle). Added MOTION for Summary Judgment on 11/2/2023 (ztth). |
| Filing 42 MOTION to Issue Subpoena by KENNETH SPENCER ALEXANDER.(ALEXANDER, KENNETH); Modified Docketing Event and text on 11/2/2023 (ztth). |
| Filing 41 MOTION to Expedite REMOTE TELEPHONIC HEARING by KENNETH SPENCER ALEXANDER. (ALEXANDER, KENNETH) |
| Filing 40 Emergency MOTION for Preliminary Injuction, MEMORANDUM IN SUPPORT OF THE PLAINTIFF'S EMERGENCY MOTION FOR PRELIMINARY INJUNCTION by KENNETH SPENCER ALEXANDER. (ALEXANDER, KENNETH); Modified docketing event, relief, and text on 10/20/2023 (ztth). |
| Filing 37 SUPPLEMENTAL MEMORANDUM re #36 Appeal of Magistrate Judge Decision to District Court ORDER filed by KENNETH SPENCER ALEXANDER. (ALEXANDER, KENNETH); Modified docketing event and text on 10/18/2023 (ztth). |
| Filing 36 Appeal of Magistrate Judge Decision to District Court by KENNETH SPENCER ALEXANDER re #35 Memorandum in Opposition (ALEXANDER, KENNETH) |
| Filing 35 Appeal of Magistrate Judge Decision to District Court re #31 Motion for Extension of Time to APPEAL FROM MAGISTRATE JUDGE DECISION AND MOTION FOR ENTRY OF DEFAULT filed by KENNETH SPENCER ALEXANDER. (ALEXANDER, KENNETH) Modified event title on 10/19/2023 (znmw). |
MINUTE ORDER denying Plaintiff's #35 Appeal from Magistrate Judge Decision and Motion for Entry of Default. Plaintiff has filed this #35 Appeal from Magistrate Judge Decision and Motion for Entry of Default, which the Court construes as a written objection to the Magistrate Judge's Order of October 16, 2023, pursuant to Local Rule 72.2(b). Under Local Rule 72.2(a), a magistrate judge may "hear and determine" certain pretrial motions, including motions for extensions of time. Any party may object to a magistrate judge's ruling within 14 days, and any such objection "shall specifically designate the order or part thereof to which objection is made, and the basis for the objection." LCvR 72.2(b). A magistrate judge's determination of a non-dispositive matter is afforded "great deference" and may only be set aside if it is "clearly erroneous or contrary to law." Nunnally v. D.C., 243 F. Supp. 3d 55, 63 (D.D.C. 2017) (citing Fed. R. Civ. P. 72(a) and LCvR 72.2(c)). This requires that the district court be "left with the definite and firm conviction that a mistake has been committed." United States v. Inst. for Coll. Access & Success, 27 F. Supp. 3d 106, 110 (D.D.C. 2014) (citations omitted). Upon review of the relevant motions, including Plaintiff's #36 Brief in support of his appeal, the Court is unable to identify any "clearly erroneous or contrary to law" ruling by the Magistrate Judge. Federal Rule of Civil Procedure 6(b)(1) commits to a court's discretion the decision to grant a party's timely request for extension upon a finding of good cause. Jordan v. U.S. Dep't of Lab., 308 F. Supp. 3d 24, 36 (D.D.C. 2018). Here, the Court does not conclude that the Magistrate's finding of good cause was "clearly erroneous" such that it should be set aside. Accordingly, it is hereby ORDERED that Plaintiff's #35 Appeal from Magistrate Judge Decision and Motion for Entry of Default is DENIED. Signed by Judge Timothy J. Kelly on 10/17/2023. (lctjk2)
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| Filing 39 MOTION for Entry of Default by KENNETH SPENCER ALEXANDER. (See Docket Entry #35 to view document) (ztth) |
| Filing 38 Letter from KENNETH SPENCER ALEXANDER. "Leave to file GRANTED." Signed by Magistrate Judge Zia M. Faruqui on 10/17/2023. (ztth) |
| Filing 34 Appeal of Magistrate Judge Decision to District Court by KENNETH SPENCER ALEXANDER (ALEXANDER, KENNETH) |
| Filing 33 Civil Statement DECLINATION TO MAGISTRATE JUDGE JURISDICTION from KENNETH SPENCER ALEXANDER. (ALEXANDER, KENNETH) |
| Filing 32 Memorandum in opposition to re #31 Motion for Extension of Time to Answer Complaint and Respond to Motion filed by KENNETH SPENCER ALEXANDER. (ALEXANDER, KENNETH) |
| Filing 31 First MOTION for Extension of Time to respond to the Complaint and Plaintiff's Amended Motion for Preliminary Injunction by COMMISSIONER OF SOCIAL SECURITY. (McMullan, Krystle) |
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ORDER granting #31 Motion for Extension of Time for good cause shown. Set/Reset Deadlines: Defendant's Responses to Amended Complaint and Amended Motion for Preliminary Injunction due by 10/31/2023. Signed by Magistrate Judge Zia M. Faruqui on October 16, 2023. (lcas)
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| Filing 30 MOTION for CM/ECF Password by KENNETH SPENCER ALEXANDER. "Leave to file GRANTED." Signed by Judge Timothy J. Kelly on 10/12/2023. (ztth) |
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MINUTE ORDER granting Plaintiff's #30 Letter Motion To Participate in ECF. Local Rule 5.4(b)(2) states that "[a] pro se party may obtain a CM/ECF user name and password from the Clerk with leave of Court. Whether leave of Court should be granted is within the discretion of the judge to whom the case is assigned." Because Plaintiff's motion meets the substantive requirements of Local Rule 5.4(b)(2), the Court will construe Plaintiff's #30 Letter Motion To Participate in ECF as a Rule 5.4(b)(2) "Motion for CM/ECF User Name and Password." However, Plaintiff is advised that all motion titles must conform to the Local Rules and that letter correspondence is an incorrect format for filings per Local Rule 5.1(a), thus the Court will not grant leave to file any future letter correspondence. Accordingly, it is hereby ORDERED that Plaintiff's Motion for CM/ECF User Name and Password is GRANTED. Signed by Judge Timothy J. Kelly on 10/12/2023. (lctjk2)
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| Filing 29 NOTICE of Appearance by Krystle S. McMullan on behalf of COMMISSIONER OF SOCIAL SECURITY (McMullan, Krystle) |
| CASE RANDOMLY REFERRED to Magistrate Judge Zia M. Faruqui for full case management. (zsl) |
| Filing 28 AMENDED MOTION for Preliminary Injunction by KENNETH SPENCER ALEXANDER. (ztth) |
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MINUTE ORDER REFERRING CASE TO MAGISTRATE JUDGE: It is hereby ORDERED, pursuant to Local Civil Rule 72.2, that this action is referred to a magistrate judge, to be randomly assigned by the Clerk's Office, for full case management up to and excluding trial. This includes, with respect to any potentially dispositive motion, the preparation of a report and recommendation pursuant to Local Civil Rule 72.3. It is further ORDERED that any future filings related to this matter shall have the initials of the presiding district judge and the assigned magistrate judge following the case number in the caption. The parties are reminded that, pursuant to Local Civil Rule 73.1, this action may be referred to the assigned magistrate judge for all purposes, including trial, upon the filing of an executed notice of consent by all parties; consent of the presiding district judge is not necessary. The parties are hereby advised, however, that they may decline to consent to such a referral without adverse substantive consequences. Local Civil Rule 73.1(b). Signed by Judge Timothy J. Kelly on 10/5/2023. (lctjk2)
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| Filing 27 Case transferred in from District of New York Southern; Case Number 1:23-cv-06964. Original file ,transfer order and docket sheet received. |
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Filing 26
MEMORANDUM AND ORDER For the reasons set forth above, the Clerk of Court is respectfully directed to close the motions at Dkts. 18 and 19 and TRANSFER this action to the United States District Court for the District of Columbia. SO ORDERED. Motions terminated: #18 MOTION for Permission for Kenneth Alexander to participate in electronic case filing in this case. filed by Kenneth Spencer Alexander, #19 LETTER MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Reconsideration re; #9 Order, Set Deadlines, #17 MOTION FOR RELIEF PENDING CASE CONCLUSION. and proposed briefing schedule addressed to Ju filed by Commissioner of Social Security. (Signed by Magistrate Judge Barbara C. Moses on 9/19/2023) (jca) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/3/2023.]
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #25 Proposed Order was reviewed and approved as to form. (tp) [Transferred from New York Southern on 10/3/2023.] |
| Filing 25 (Amended)PROPOSED ORDER GRANTING PLAINTIFF'S EMERGENCY MOTION FOR RELIEF PENDING CASE CONCLUSION. Document filed by Kenneth Spencer Alexander. (sc) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 10/3/2023.] |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #24 Proposed Order was reviewed and approved as to form. (tp) [Transferred from New York Southern on 10/3/2023.] |
| Filing 24 PROPOSED ORDER GRANTING PLAINTIFF'S EMERGENCY MOTION FOR RELIEF PENDING CASE CONCLUSION. Document filed by Kenneth Spencer Alexander. (sc) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 10/3/2023.] |
| Filing 23 LETTER addressed to Judge Analisa Torres from K. Alexander, re: I filed a Motion for Permission for Electronic Case Filing (18) on 9/12/23, granting permission which would allow me instant access to docket entries, and better research the law and legal jargon, to prepare and file more intelligible pleadings and responses. Document filed by Kenneth Spencer Alexander.(sc) [Transferred from New York Southern on 10/3/2023.] |
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Filing 22
ORDER denying #5 Motion for Preliminary Injunction; denying #13 Motion for Reconsideration re #5 MOTION for Preliminary Injunction. filed by Kenneth Spencer Alexander, #13 MOTION for Reconsideration re; #9 Order, filed by Kenneth Spencer Alexander. Accordingly, Plaintiff's motion for reconsideration is DENIED. The Clerk of Court is directed to te1minate the motions at ECF Nos. 5 and 13. SO ORDERED. (Signed by Judge Analisa Torres on 9/15/2023) (jca) [Transferred from New York Southern on 10/3/2023.]
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| Filing 21 PLAINTIFF'S MEMORANDUM OF POINTS & AUTHORITIES IN OPPOSITION TO DEFENDANT'S MOTION FOR AN EXTENSION OF TIME, re: #19 LETTER MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Reconsideration re; #9 Order, Set Deadlines, #17 MOTION FOR RELIEF PENDING CASE CONCLUSION. and proposed briefing schedule addressed to Judge Analisa Torres. Document filed by Kenneth Spencer Alexander. (sc) [Transferred from New York Southern on 10/3/2023.] |
| Filing 20 LETTER addressed to Judge Analisa Torres from K. Alexander, re: The plaintiff submits this letter in response and opposing the defendant's "Letter Motion for Extension of Time to File Response/Reply as to (D.I. 13)Motion for Reconsideration re: (9) Order to set Deadlines (17) Motion for Relief Pending Case Conclusion" etc. Document filed by Kenneth Spencer Alexander.(sc) [Transferred from New York Southern on 10/3/2023.] |
| Filing 19 LETTER MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Reconsideration re; #9 Order,,,,, Set Deadlines,,,,., #17 MOTION FOR RELIEF PENDING CASE CONCLUSION. and proposed briefing schedule addressed to Judge Analisa Torres from Candace Brown Casey dated 9/13/2023. Document filed by Commissioner of Social Security..(Brown Casey, Candace) [Transferred from New York Southern on 10/3/2023.] |
| Filing 18 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, Re: for Permission for Kenneth Alexander to participate in electronic case filing in this case. Document filed by Kenneth Spencer Alexander.(sc) [Transferred from New York Southern on 10/3/2023.] |
| Filing 17 EMERGENCY MOTION FOR RELIEF PENDING CASE CONCLUSION. Document filed by Kenneth Spencer Alexander.(sc) [Transferred from New York Southern on 10/3/2023.] |
| Filing 16 NOTICE OF APPEARANCE by Candace Marie Brown Casey on behalf of Commissioner of Social Security..(Brown Casey, Candace) [Transferred from New York Southern on 10/3/2023.] |
| Filing 15 NOTICE OF APPEARANCE by Fergus John Kaiser on behalf of Commissioner of Social Security..(Kaiser, Fergus) [Transferred from New York Southern on 10/3/2023.] |
| Filing 14 BRIEF( MEMORANDUM OF LAW)IN SUPPORT OF THE PLAINTIFF'S REQUEST FOR RELIEF re: #13 MOTION for Reconsideration re: #9 Order, Set Deadlines. Document filed by Kenneth Spencer Alexander. (sc) [Transferred from New York Southern on 10/3/2023.] |
| Filing 13 MOTION FOR ORDER DIRECTING THE CLERK TO REINSTATE MOTION AT ECF NO.5(for Reconsideration of re; #9 Order, Set Deadlines. Document filed by Kenneth Spencer Alexander.(sc) [Transferred from New York Southern on 10/3/2023.] |
| Filing 12 LETTER addressed to Judge Analisa Torres from K. Alexander, dated 8/23/23 re: I still have a non-dispositive motion which was referred to the Magistrate Judge, then ordered to be terminated. I would respectively ask you to issue an Order and direct the Clerk of the Court to reinstate the motion at EDF 5; then rule accordingly. Document filed by Kenneth Spencer Alexander.(sc) [Transferred from New York Southern on 10/3/2023.] |
| Filing 11 PROPOSED 2ND AMENDED COMPLAINT. Document filed by Kenneth Spencer Alexander. (sc) (Additional attachment(s) added on 8/22/2023: #1 Supplement Jurisdiction) (sc). [Transferred from New York Southern on 10/3/2023.] |
| Mailed a copy of #9 Order, to Kenneth Spencer Alexander at Salalah Aldin Street 19465 Jerusalem, Israel 946500. (sha) [Transferred from New York Southern on 10/3/2023.] |
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Filing 9
ORDER: By October 20, 2023, Plaintiff is directed to file an amended complaint containing the information specified above. Because Plaintiff's amended complaint will completely replace, not supplement, the original complaint, any facts or claims that Plaintiff wishes to maintain must be included in the amended complaint. The amended complaint must be submitted to this District's Pro Se Office, be captioned as an "Amended Complaint," and bear the same docket number as this order. A form Social Security complaint, which Plaintiff is directed to complete as specified above, is attached to this order. The Clerk of Court is directed to terminate the motion at ECF No. 5 and to mail a copy of this order and its attachment to Plaintiff pro se. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Amended Pleadings due by 10/20/2023.) (Signed by Judge Analisa Torres on 8/21/2023) (ate) [Transferred from New York Southern on 10/3/2023.]
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| Filing 10 AMENDED COMPLAINT, Re: amending #1 Complaint against Commissioner of Social Security.Document filed by Kenneth Spencer Alexander. Related document: #1 Complaint.(sc) [Transferred from New York Southern on 10/3/2023.] |
| Filing 8 LETTER addressed to Magistrate Judge Barbara C. Moses from Kenneth Alexander dated 8/15/23 re: As provided in the Complaint, I have endured great hardship due to action(s) caused by Social Security Administration, and failure to stop SSI benefits after being timely informed to do so. There was sporadic withholding of partial and occasionally all my benefits, leaving me without resources to meet my basic needs. Document filed by Kenneth Spencer Alexander.(sc) [Transferred from New York Southern on 10/3/2023.] |
| Social Security Information Mailed: Social Security Information Packet mailed to Kenneth Spencer Alexander Salalah Aldin Street 19465 Jerusalem, Israel 946500 Local: 972.54.938.4992 on 08/14/2023. The Social Security Information Packet included: Instructions for Seeking Judicial Review of a Final Decision of the Commissioner of Social Security; Statement Regarding Notice to the Commissioner of Social Security; Notice Regarding Privacy and Public Access to Electronic Case Files; New York Legal Action Groups flyer about the free legal assistance clinic at the courthouse; New York County Lawyers Association flyer about pro bono attorneys who practice in the area of Social Security litigation; Individual practices of the assigned District and Magistrate Judges; Handout explaining matters handled by Magistrate Judges; Consent form to complete if all parties agree to proceed before the assigned Magistrate Judge; Consent form to receive court filings electronically; Motion form to receive permission to file cases electronically; Notice of Change of Address form to use if your contact information changes; Standing Order M 10-468 on Briefing of Social Security Cases. (ta) [Transferred from New York Southern on 10/3/2023.] |
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Filing 7
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute; ECF No. 5 and Social Security. Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. Motions referred to Barbara C. Moses. (Signed by Judge Analisa Torres on 8/11/2023) (jca) [Transferred from New York Southern on 10/3/2023.]
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| NOTICE OF COMMENCEMENT OF SOCIAL SECURITY ACTION. The Social Security Administration's Office of General Counsel and the United States Attorney for the Southern District of New York are hereby notified of the commencement of this action. Electronic Certified Administrative Record due by 10/10/2023. (dsh) [Transferred from New York Southern on 10/3/2023.] |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dsh) [Transferred from New York Southern on 10/3/2023.] |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (dsh) [Transferred from New York Southern on 10/3/2023.] |
| ***DELETED DOCUMENT. Deleted document number [ORDER GRANTING IFP APPLICATION]. The document was incorrectly filed in this case. (vn) [Transferred from New York Southern on 10/3/2023.] |
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Filing 6
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 8/10/2023) (vn) [Transferred from New York Southern on 10/3/2023.]
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| Filing 5 (PROPOSED) ORDER OF TEMPORARY INJUNCTION PENDING THIS APPEAL AND OTHER RELIEF. Document filed by Kenneth Spencer Alexander..(rdz) [Transferred from New York Southern on 10/3/2023.] |
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Filing 4
STANDING ORDER IN RE MOTIONS FOR JUDGMENT ON THE PLEADINGS IN SOCIAL SECURITY CASES (See 16-MISC-171 Standing Order filed April 28, 2016). ORDERED that in all Social Security cases hereafter filed under 42 U.S.C. 405(g) and 42 U.S.C. 1383(c)(3), the defendant shall within 90 days after service file the certified transcript of administrative proceedings, which shall constitute the defendants' answer, or otherwise move against the complaint... that unless otherwise ordered by the judge to whom the case is assigned, in cases where the plaintiff is represented by counsel, the plaintiff shall file a motion for judgment on the pleadings within 60 days of the date on which the defendant files the certified transcript of the administrative proceedings... that in cases where the plaintiff is appearing pro se, the defendant shall file its motion for judgment on the pleadings within 60 days of the date on which the certified transcript of administrative proceedings have been filed... (Signed by Judge Laura Taylor Swain on 11/18/22) (rdz) [Transferred from New York Southern on 10/3/2023.]
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| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Kenneth Spencer Alexander consents to receive electronic service via the ECF system. Document filed by Kenneth Spencer Alexander..(rdz) (Main Document 3 replaced on 8/9/2023) (rdz). (Main Document 3 replaced on 8/9/2023) (rdz). [Transferred from New York Southern on 10/3/2023.] |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kenneth Spencer Alexander..(rdz) [Transferred from New York Southern on 10/3/2023.] |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Kenneth Spencer Alexander..(rdz) [Transferred from New York Southern on 10/3/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 10/3/2023.] |
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