Toussaint v. Social Security Disability
| Jeruscha M. Toussaint |
| Social Security Disability |
| 2:2025cv14141 |
| May 1, 2025 |
| U.S. District Court for the Southern District of Florida |
| Enjolique A Lett |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 0205 Denial Social Security Benefits |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 30, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 CLERK'S NOTICE OF REASSIGNMENT OF CASE re: Admin. Order 2025-52A. Case reassigned to Magistrate Judge Enjolique A. Lett for all further proceedings. Ch. Magistrate Judge Jonathan Goodman no longer assigned to case as presider. (jmd) |
| Filing 14 CERTIFICATE OF SERVICE by Social Security Disability re #13 Transcript/Answer/Administrative Record - Social Security (Warren, Susan) |
| Filing 13 Social Security Transcript/Answer/Administrative Record filed. Transcripts date: 6-13-2025. Pages: 1-901 (Warren, Susan) |
| Filing 12 PAPERLESS ORDER denying #10 MOTION for Referral to Volunteer Attorney Program by Jeruscha M. Toussaint ("Plaintiff"). A party in a civil case has no constitutional or statutory right to counsel. Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999). Courts may appoint counsel to an indigent individual, but the court has broad discretion in making this decision. Id. The Southern District of Florida's Volunteer Attorney Program does not appoint counsel; rather it publishes a list of civil cases that volunteer attorneys can consider taking up on a pro bono basis. Plaintiff has failed to demonstrate that this case warrants referral to the Volunteer Attorney Program. See De Jesus v. Colvin, No. 16-23301-CIV-Leonard/Goodman, 2017 WL 8809109, at *1 (S.D. Fla. May 11, 2017) (Goodman, M.J.) (noting that "[t]he [C]ourt will not appoint counsel simply because [the plaintiff] would be helped by a lawyer's assistance"); see also, e.g., Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993) (explaining that "[a]ppointment of counsel in civil cases is... a privilege 'justified only by exceptional circumstances'" (quoting Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir.1987))). Signed by Ch. Magistrate Judge Jonathan Goodman on 6/6/2025. (mkr) |
| Filing 11 PAPERLESS ORDER granting #9 MOTION for Leave to Proceed in forma pauperis by Jeruscha M. Toussaint ("Plaintiff"). Plaintiff states that she expects to receive $1,400.00 in income next month. Plaintiff does not disclose the source of this expected income. But based on the dates of employment listed in the form, it does not appear that Plaintiff is currently employed. Her monthly expenses total $1,370.00, she has $35.00 in a checking account, no savings account, lives with her parents, and has a four-year-old child. Because her monthly expenses approximate her expected monthly income, the Court will allow Plaintiff to proceed in forma pauperis. A litigant "need not show that [she] is 'absolutely destitute' to qualify for indigent status under 1915." White v. Pilot Catastrophe Servs. Inc., No. CV 1:25-00225-KD-N, 2025 WL 1531579, at *1 (S.D. Ala. May 29, 2025) ("[T]he statute is not to be construed such that potential litigants are forced to become public charges or abandon their claims because of the filing fee requirements." (citing Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 338- 40, 69 S. Ct. 85, 88-89, 93 L. Ed. 43 (1948)). Signed by Ch. Magistrate Judge Jonathan Goodman on 6/6/2025. (mkr) |
| Filing 10 MOTION for Referral to Volunteer Attorney Program by Jeruscha M. Toussaint. (nan) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Jeruscha M. Toussaint. (nan) |
| Filing 8 PAPERLESS ORDER granting #7 Motion for Extension of Time to File Corrected in Forma Pauperis Motion. The Court notes that Plaintiff's motion was dated and postmarked May 15, 2025, the day her corrected motion was due. Thus, Plaintiff's motion was late because the Clerk of Court did not receive the motion by the due date. See EGV Holdings, LLC v. Chattin With $taxx LLC, No. 6:23-CV-2000-WWB-LHP, 2023 WL 8650269, at *2 (M.D. Fla. Dec. 14, 2023) (citing Fed. R. Civ. P. 5(d)(2) and noting that "filing by mailing is not complete until the motion or pleading is delivered to an officer of the court authorized to receive it"). Additionally, Plaintiff's motion did not include a Local Rule 7.1(a)(3) pre-filing conferral certification. Plaintiff is reminded that pro se litigants must abide by "the relevant law and rules of court, including the Federal Rules of Civil Procedure." Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989). Nonetheless, the Court will exercise its discretion and grant Plaintiff's #7 Motion for Extension of Time. Plaintiff will have until Monday, June 9, 2025 to file her corrected motion to proceed in forma pauperis. Plaintiff must complete a corrected "Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)." Plaintiff must ensure that the Clerk of Court receives her corrected motion by the June 9, 2025 filing deadline. Mailing the motion on the day it is due does not comply with the filing deadline. Additionally, Plaintiff must include a Local Rule 7.1(a)(3) conferral certification. Signed by Ch. Magistrate Judge Jonathan Goodman on 5/20/2025. (mkr) |
| Filing 7 Extension of Time to Respond to Order Denying without Prejudice (and with leave to renew) In Forma Pauperis Motion #5 Order on Motion for Leave to Proceed in forma pauperis. (Responses due by 6/2/2025.) by Jeruscha M. Toussaint. (nan) |
| Filing 6 NOTICE of Attorney Appearance by Susan Warren on behalf of Social Security Disability. Attorney Susan Warren added to party Social Security Disability(pty:dft). (Warren, Susan) |
Filing 5
ORDER DENYING WITHOUT PREJUDICE (AND WITH LEAVE TO RENEW) #3 IN FORMA PAUPERIS MOTION. Signed by Ch. Magistrate Judge Jonathan Goodman on 5/2/2025. See attached document for full details. (mkr)
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Filing 4
ORDER REGARDING JURISDICTION AND BRIEFING SCHEDULE. Signed by Ch. Magistrate Judge Jonathan Goodman on 5/2/2025. See attached document for full details. (mkr)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Jeruscha M. Toussaint. (ar24) |
| Filing 2 Judge Assignment to Ch. Magistrate Judge Jonathan Goodman (ar24) |
| Filing 1 COMPLAINT against Social Security Disability. Filing fees $ 405.00. IFP Filed, filed by Jeruscha M. Toussaint. (Attachments: #1 Civil Cover Sheet)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (ar24) |
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| Plaintiff: Jeruscha M. Toussaint | |
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| Defendant: Social Security Disability | |
| Represented By: | Noticing Social Security US Attorney |
| Represented By: | Noticing Social Security General Counsel of SSA |
| Represented By: | Susan Warren |
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