Rogers v. Berryhill
| Charmaine Rogers |
| Nancy A Berryhill |
| 1:2018cv07955 |
| December 3, 2018 |
| US District Court for the Northern District of Illinois |
| Maria Valdez |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 205 |
| None |
Docket Report
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Filing 14
GENERAL ORDER 19-0004: RESETTING OF DEADLINES IN CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY. IT APPEARING THAT as a result of the partial federal government shutdown, this Court amended General Order 18-0028 suspending as of December 21, 2018, all civil litigation in which the United States of America, its agencies, its officers, or employees were parties, with the stated intention of clarifying schedules in such cases upon the expiration of the lapse in appropriations; and IT FURTHER APPEARING THAT appropriations having been restored to fund the Department of Justice and other Executive Branch agencies, with employees beginning to report for work beginning on January 28, 2019; accordingly IT IS THEREFORE ORDERED that the stay entered by General Order 18-0028 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement.), including but not limited to any scheduled discovery and pleading dates, are extended by 42 days. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/28/2019: Mailed notice. (mgw, )
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| Filing 13 AMENDED GENERAL ORDER 18-0028 dated 01/08/2019: On December 26, 2018, General Order 18-0028 was entered. It appearing that the lapse of congressional appropriations funding the federal government continues, therefore General Order 18-0028 is now amended. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/8/2019: Mailed notice. (sm, ) |
| Filing 12 MINUTE entry before the Honorable Maria Valdez: This matter has been reassigned to Magistrate Judge Maria Valdez for ruling on final disposition of this case. The Parties are directed to review the LR16.4 Scheduling in Social Security Cases available at www.ilnd.uscourts.gov and this Court's Standing Order in Social Security Cases. No further order will be entered regarding setting dates for a briefing schedule. Mailed notice (lp, ) |
| Filing 11 COMPLAINT filed by Charmaine Rogers. (Exhibits) (pk, ) |
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Filing 10
ORDER: Plaintiff has filed a Motion for Leave to Proceed In Forma Pauperis along with a financial affidavit #4 . Under the in forma pauperis statute, 28 U.S.C. 1915, Plaintiff may proceed in forma pauperis if she cannot pay the required court fees and costs. See 28 U.S.C. 1915(a)(1). Although he must show that he cannot simultaneously pay court costs and provide for lifes necessities, he need not be absolutely destitute in order to enjoy the benefit of 1915. Garth-Richardson v. Univ. of Ill. at Chi., No. 03 C 5406, 2004 WL 726135, at *1 (N.D. Ill. Apr. 1, 2004) (quoting Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir.1980)). According to the affidavit, Plaintiff has been unemployed for over three years, has no income from other sources, receives only a small amount of public assistance per month, and is living with her son. She has thus satisfied the showing of indigency. Additionally, an initial review of the complaint does not reveal that it (i) is frivolous or malicious; (ii) fails to state a claim upon which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief. See 28 U.S.C. 1915(e)(2)(B). Plaintiffs Motion for Leave to Proceed In Forma Pauperis #4 is therefore granted. Signed by the Honorable Maria Valdez on 1/7/2019. Mailed notice. (pk, )
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Filing 9
ORDER REASSIGNING Case to the Honorable Maria Valdez, pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Honorable John Robert Blakey no longer assigned to the case. Signed by Honorable John Robert Blakey on 1/7/2019.(pk, )
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| Filing 8 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the joint consent #7 , this case is transferred to the Magistrate Judge for any further proceedings. Mailed notice (gel, ) |
| Filing 7 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Schultz, Barry) |
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Filing 6
GENERAL ORDER 18-0028 dated 12/26/18: IT IS HEREBY ORDERED, effective December 26, 2018, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 12/26/2018: Mailed notice. (rp, )
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| Filing 5 DESIGNATION of Prashant Kolluri as U.S. Attorney for Defendant Nancy A Berryhill (Kolluri, Prashant) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (yt) |
| Filing 4 APPLICATION by Plaintiff Charmaine Rogers for leave to proceed in forma pauperis (Schultz, Barry) |
| Filing 3 ATTORNEY Appearance for Plaintiff Charmaine Rogers by Barry Alan Schultz (Schultz, Barry) |
| Filing 2 CIVIL Cover Sheet (Schultz, Barry) |
| Filing 1 RECEIVED COMPLAINT filed by Charmaine Rogers; (Attachments: #1 AC Decision)(Schultz, Barry) Modified on 1/8/2019 (pk, ). |
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| Defendant: Nancy A Berryhill | |
| Represented By: | AUSA-SSA |
| Represented By: | Prashant Kolluri |
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| Plaintiff: Charmaine Rogers | |
| Represented By: | Barry Alan Schultz |
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