Alborov v. Saul
| Daiva Alborov |
| Andrew Saul and Andrew Marshall Saul |
| 1:2019cv04439 |
| July 2, 2019 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Maria Valdez |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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Filing 10
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, )
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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 Virginia M. Kendall no longer assigned to the case. Signed by Honorable Virginia M. Kendall on 8/23/2019. (mma, )
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Filing 8
JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Yates, Thomas)
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Filing 7
DESIGNATION of Kurt N. Lindland as U.S. Attorney for Defendant Andrew Marshall Saul (Lindland, Kurt)
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Filing 6
MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff Daiva Alborov's application for leave to proceed in forma pauperis #2 is granted. Title 28 U.S.C. 1915(a) permits the Court to authorize Plaintiff to proceed in forma pauperis if they are unable to pay the mandated filing fee. The statute "is designed to ensure that indigent litigants have meaningful access to the federal courts." Neitzke v. Williams, 490 U.S. 319, 324 (1989). Plaintiff is eligible to proceed in forma pauperis if paying the filing fee would prevent them from purchasing the necessities of life. Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir. 1980). Plaintiff represents in their affidavit that they have not been employed since September 2017. At that time, Plaintiff earned $209 per month. Plaintiff is not married, has not received income in the last year, owns no real estate or personal property worth more than $1,000, and does not have more than $200 in cash or in a checking or savings account. Plaintiff's son, who Plaintiff resides with, earned $17,000 in wages in the last 12 months, has $1,684 in a checking account, and owns a vehicle valued between $1,214 and $2,458. (Id.) The 2019 Federal Poverty Guideline for a household of two people is $16,910. Though Plaintiff's household earns slightly more than the poverty guideline, the Court finds Plaintiff has sufficiently demonstrated that they are unable to pay the fee. 28 U.S.C. 1915(e)(2) also requires the Court to screen Plaintiffs case and to dismiss the complaint if it "fails to state a claim on which relief may be granted." Plaintiff states a claim here because this is an appeal of a decision by the Acting Commissioner of Social Security. The Court finds Plaintiff has sufficiently demonstrated that they are unable to pay the fee and that the complaint states a claim for relief and, therefore, grants Plaintiff's application for in forma pauperis status. Mailed notice (lk, )
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Filing 5
MINUTE entry before the Honorable Virginia M. Kendall. Pursuant to Local Rule 16.4, Plaintiff's brief in support of reversing and remanding the decision subject to review is due 60 days after administrative record is filed. The Commissioner's motion to affirm the decision and brief in support thereof are due 45 days after Plaintiff's brief is filed. Plaintiff's reply brief, if any, is due 14 days after the Commissioner's brief is filed. Parties are encouraged to consent to proceed before a Magistrate Judge in order receive expeditious ruling on the matter due to the significant caseload of the District Court. Parties are to meet and confer within 14 days of the appeal's filing to discuss whether they jointly consent to proceed before the Magistrate Judge. Mailed notice (Attachments: #1 Consent to Magistrate Judge) (lk, )
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Filing 4
CIVIL Cover Sheet (Yates, Thomas)
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Filing 3
ATTORNEY Appearance for Plaintiff Daiva Alborov by Thomas D. Yates (Yates, Thomas)
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Filing 2
APPLICATION by Plaintiff Daiva Alborov for leave to proceed in forma pauperis (Yates, Thomas)
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Filing 1
COMPLAINT filed by Daiva Alborov; (Yates, Thomas)
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CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Mary M. Rowland. Case assignment: Random assignment. (ec, )
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