Mustafa v. Commissioner of Social Security
| Malik Hassan Mustafa |
| Commissioner of Social Security |
| Social Security - Office of the General Counsel |
| 2:2025cv02046 |
| February 20, 2025 |
| U.S. District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Eric I Long |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 416 Denial of Social Security Benefits |
| None |
Docket Report
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| Document Text |
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| Filing 27 NOTICE of Withdrawal of Appearance As Counsel re #7 Notice of Appearance of Attorney (Schwartz, Alison) |
| Filing 26 BRIEF re #25 MOTION to Strike #24 MOTION Court Order, #16 MOTION to Strike #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (AND IN RESPONSE TO THE COURT'S MARCH 7, 2025 ORDER), #1 Complaint, #19 MOTION for Summary Judgment, #15 M by Commissioner of Social Security. (Allen, Duarte) |
| Filing 25 MOTION to Strike #24 MOTION Court Order, #16 MOTION to Strike #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (AND IN RESPONSE TO THE COURT'S MARCH 7, 2025 ORDER), #1 Complaint, #19 MOTION for Summary Judgment, #15 MOTION to Consolidate Cases MOTION Appoint Next Friend, and for Judicial Notice of Attorney Misrepresentation, #17 MOTION to Disqualify Counsel, #21 MOTION Monetary Judgment MOTION for Sanctions, #20 MOTION for Default Judgment, #10 Plaintiff's Brief, #23 Objection, #18 MOTION for Hearing MOTION for Order to Show Cause, #3 MOTION for Temporary Restraining Order by Defendant Commissioner of Social Security. Responses due by 4/30/2025 (Allen, Duarte) |
| Filing 24 MOTION FOR COURT ORDER TO FACILITATE SETTLEMENT DISCUSSIONS AND SANCTIONS DUE TO PROCEDURAL DEFAULT AND ETHICAL VIOLATIONS by Plaintiff Malik Hassan Mustafa. Responses due by 4/28/2025. (SB) |
| Filing 23 OBJECTION TO NOTICE OF APPEARANCE AND SUPPLEMENT TO MOTION TO DISQUALIFY DEFENSE COUNSEL to #22 Notice of Appearance of Attorney by Malik Hassan Mustafa. (SB) |
| Filing 22 NOTICE of Appearance of Attorney by Duarte Allen on behalf of Commissioner of Social Security (Allen, Duarte) |
| Filing 21 MOTION Monetary Judgment and MOTION for Sanctions by Plaintiff Malik Hassan Mustafa. Responses due by 4/25/2025. (SB) |
| Filing 20 MOTION for Default Judgment by Plaintiff Malik Hassan Mustafa. Responses due by 4/25/2025. (SB) |
| Filing 19 MOTION for Summary Judgment by Plaintiff Malik Hassan Mustafa. Motions due by 5/27/2025. (SB) |
| Filing 18 MOTION for Evidentiary Hearing and for Order to Show Cause by Plaintiff Malik Hassan Mustafa. Responses due by 4/25/2025 (JJK) |
| Filing 17 MOTION TO DISQUALIFY DEFENDANTS' COUNSEL FOR FAILURE TO DISCLOSE ATTORNEY BAR NUMBER AND OTHER SERIOUS VIOLATIONS OF PROFESSIONAL ETHICS AND DUE PROCESS by Plaintiff Malik Hassan Mustafa. Responses due by 4/25/2025 (JJK) |
| Filing 16 MOTION to Strike by Plaintiff Malik Hassan Mustafa. Responses due by 4/25/2025 (JJK) |
| Filing 15 MOTION to Consolidate Cases, Appoint Next Friend, and for Judicial Notice of Attorney Misrepresentation by Plaintiff Malik Hassan Mustafa. Responses due by 4/25/2025 (Attachments: #1 Motion filed by Micheal Attaway)(JJK) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/28/2025. Defendant's Motion for Leave to File Document Under Seal #13 is GRANTED for the reasons stated therein. The Clerk is directed to seal exhibit [11-1].(SB)
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| Filing 14 RULE 12(C) NOTICE entered re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (AND IN RESPONSE TO THE COURT'S MARCH 7, 2025 ORDER). (SB) |
| Filing 13 MOTION for Leave to File Document Under Seal by Defendant Commissioner of Social Security. Responses due by 4/10/2025 (Levitt, David) |
| Filing 12 NOTICE of Appearance of Attorney by David H Levitt on behalf of Commissioner of Social Security (Levitt, David) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/27/2025. Plaintiff's Motion for Leave to Proceed in forma pauperis #6 pursuant to 28 U.S.C. Section 1915 is GRANTED. Plaintiff's Motion to Proceed in forma pauperis was submitted under penalty of perjury and sufficiently demonstrates that the Plaintiff should be excused from paying the filing fee in this action. In addition, Plaintiff's Motion for Leave to File a Late Jurisdictional Brief #9 is GRANTED.(SB)
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| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (AND IN RESPONSE TO THE COURT'S MARCH 7, 2025 ORDER) by Defendant Commissioner of Social Security. Responses due by 4/9/2025 (Attachments: #1 Exhibit Exhibit A - Declaration of Christianne Voegele)(Schwartz, Alison) |
| Filing 10 Plaintiff's Brief. Commissioner Brief due by 4/25/2025. (SB) |
| Filing 9 MOTION for Leave to File a Late Jurisdictional Brief by Plaintiff Malik Hassan Mustafa. Responses due by 4/9/2025. (SB) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/7/2025. Plaintiff has filed a Motion for Temporary Restraining Order #3 . Before the Court can rule on Plaintiff's Motion, it must ensure that it has jurisdiction over Plaintiff's claims. "[A] district court lacks jurisdiction under the Social Security Act to review an ALJ's unfavorable decision until the agency's decision is final." Cosenza on behalf of J.M.F. v. Berryhill, 873 F.3d 547, 549 (7th Cir. 2017). Having reviewed Plaintiff's Complaint, it is unclear whether Plaintiff exhausted his administrative remedies before filing this case. Thus, the Court directs the parties to brief the issue of whether it has jurisdiction over this case. Plaintiff is directed to file his brief within 14 days of receiving this Order. Defendant is directed to file a response brief within 14 days of Plaintiff's brief being filed. (SB)
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| Filing 8 RESPONSE to Motion re #3 MOTION for Temporary Restraining Order filed by Defendant Commissioner of Social Security. (Schwartz, Alison) |
| Filing 7 NOTICE of Appearance of Attorney by Alison T Schwartz on behalf of Commissioner of Social Security (Schwartz, Alison) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Plaintiff Malik Hassan Mustafa. Responses due by 3/12/2025. (SB) |
| Filing 5 NOTICE of Appearance of Attorney by Conor Woods on behalf of Commissioner of Social Security (Woods, Conor) |
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Filing 4
ORDER entered by Magistrate Judge Eric I. Long on 02/24/2025: Plaintiff's current application is unsigned. Plaintiff's Motion to proceed in forma pauperis (#2) is denied with leave to refile, filling the form out in its entirety, within 14 days.See Written Order. (SB) (Main Document 4 replaced on 2/25/2025) (SB).
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| Filing 3 MOTION for Temporary Restraining Order For Immediate Reinstatement of SSI Benefits and Payment of Back Pay by Plaintiff Malik Hassan Mustafa. Responses due by 3/6/2025. (SB) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Malik Hassan Mustafa. Responses due by 3/6/2025. (SB) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Malik Hassan Mustafa. (Attachments: #1 USM 285)(SB) |
| NOTICE of Social Security Complaint filed. Commissioner of Social Security answer due on 4/21/2025. (SB) |
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