Krystosek v. Saul
| Thomas Krystosek |
| Commissioner Andrew M. Saul |
| 1:2020cv02367 |
| April 16, 2020 |
| US District Court for the Northern District of Illinois |
| Jeffrey Cole |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 416 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 9, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 PAYMENT of Filing fee $ 400, receipt number 0752-17095098. (Good, Neil) |
| Filing 13 MINUTE entry before the Honorable Jeffrey Cole: Plaintiff's brief in support of reversing or remanding the decision subject to review is due within 60 days of the filing of the administrative record (no motion required). The Social Security Administration's motion to affirm the decision subject to review and its brief in support are due 45 days after plaintiff's brief is filed. Plaintiff's reply brief, if any, is due 14 days after defendant's brief is filed. No oversized briefs will be allowed without prior court approval obtained at least one week before the due date and upon good cause shown Mailed notice (yt) |
| Filing 12 MINUTE entry before the Honorable Jeffrey Cole: Plaintiff has filed an application to proceed in forma pauperis. He lists a yearly income from a Social Security Retirement Pension of $18,780, and a checking/savings account of $1565. #4 , at 4 (D), 5. Courts generally use the federal poverty guidelines as a benchmark for assessing claims of impecuniousness. Burrell v. United Parcel Serv., Inc., No. 14-CV-5127, 2016 WL 4720024, at *5 (N.D. Ill. Sept. 8, 2016); Montgomery v. Scialla Assocs., Inc., No. 15-CV-10840, 2016 WL 721804, at *4 (N.D. Ill. Feb. 23, 2016). Here, the plaintiff's yearly pension is more than the 2020 federal poverty guideline for two people, and plaintiff lists no dependents. https://aspe.hhs.gov/poverty-guidelines. The purpose behind 28 USC 1915 is "to guarantee that no citizen shall be denied an opportunity to commence, prosecute, or defend an action, civil or criminal, in any court of the United States, solely because... poverty makes it impossible...." Denton v. Hernandez, 504 U.S. 25, 31 (1992). That's "impossible"; not difficult or inconvenient. The plaintiff should be aware that proceeding in forma pauperis is not a right, but a privilege. See, e.g., Novotny v. Plexus Corp., 2015 WL 3584570, at *3 (N.D. Ill. June 7, 2015); Bittman v. Illinois, 2013 WL 120285, at *1 (N.D. Ill. Jan. 8, 2013); Bulls v. Marsh, 1989 WL 51170, at *1 (N.D.Ill. May 5, 1989). Based on his application, he clearly has income, as well as a some savings, in excess of the level usually found necessary to establish the right to proceed in federal court without paying the modest filing fee of $400. The amount of the fee, of course, pales in comparison to the cost to the taxpayers of the plaintiff's case. See, e.g.,Levin and Colliers, Containing the Cost of Litigation, 37 Rutgers L.Rev. 219, 22627 (1985) (each hour spent on case by federal judge costs government $600). Accordingly, plaintiff's application to proceed in forma pauperis #4 is DENIED. Plaintiff's motion #4 , and he is directed to pay the filing fee within 30 days of this order or his complaint will be dismissed. Mailed notice (yt) |
Filing 11
ORDER REASSIGNING Case to the Honorable Jeffrey Cole, pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Honorable Judge Martha M. Pacold no longer assigned to the case. Signed by Honorable Martha M. Pacold on 6/1/2020.(nsf, )
|
| Filing 10 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Cooney, Nigel) |
| Filing 9 MINUTE entry before the Honorable Martha M. Pacold: By 6/30/2020, the parties shall file a joint status report indicating whether they agree to a remand and whether they consent to reassignment for all purposes to the magistrate judge. With respect to scheduling, the parties shall comply with Local Rule 16.4. (rao, ) |
|
Filing 8
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, )
|
| Filing 7 DESIGNATION of Nigel B Cooney as U.S. Attorney for Defendant Andrew M. Saul (Cooney, Nigel) |
|
Filing 6
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, )
|
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (rc, ) |
| Filing 4 APPLICATION by Plaintiff Thomas Krystosek for leave to proceed in forma pauperis Pursuant to the Equal Access to Justice Act (Good, Neil) |
| Filing 3 ATTORNEY Appearance for Plaintiff Thomas Krystosek by Neil H. Good (Good, Neil) |
| Filing 2 CIVIL Cover Sheet (Good, Neil) |
| Filing 1 RECEIVED COMPLAINT filed by Thomas Krystosek; (Good, Neil) Modified on 4/17/2020 (nsf, ). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Krystosek v. Saul | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Thomas Krystosek | |
| Represented By: | Neil H. Good |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Commissioner Andrew M. Saul | |
| Represented By: | Nigel B Cooney |
| Represented By: | AUSA-SSA |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
