Villa v. Saul
| Jose Villa |
| Commissioner Andrew M. Saul and Andrew M. Saul |
| 1:2020cv06975 |
| November 24, 2020 |
| US District Court for the Northern District of Illinois |
| Sara L Ellis |
| Maria Valdez |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 205 |
| None |
Docket Report
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Filing 13
MINUTE entry before the Honorable Maria Valdez: Defendant's Unopposed First Motion for Extension of Time to File the Electronic Certified Administrative Record #12 is granted. The time for filing the administrative record and answer is extended to 3/26/21. Mailed notice (lp, )
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Filing 12
MOTION by Defendant Andrew M. Saul for extension of time to file answer regarding received complaint #1 Unopposed (Attachments: #1 Declaration)(Hartzler, Alex)
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Filing 11
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 LR 16.4 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 10
MINUTE entry before the Honorable Maria Valdez: Plaintiff has filed an Application to Proceed Without Prepaying Fees or Costs and a Financial Affidavit #4 . Pursuant to 28 U.S.C. section 1915, Plaintiff may proceed without prepaying if he cannot pay the required court fees and costs. See 28 U.S.C. section 1915(a)(1). "Although he must show that he cannot simultaneously pay court costs and provide for life's necessities, he 'need not be absolutely destitute in order to enjoy the benefit of [section] 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 no income, and although his spouse is employed, they have a dependent and substantial debt in light of her income, thus satisfying 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. section 1915(e)(2)(B). Plaintiff's Application to Proceed Without Prepaying Fees or Costs #4 is therefore granted. 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 Sara L. Ellis no longer assigned to the case. Signed by Honorable Sara L. Ellis on 12/29/2020. (lma, )
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Filing 8
JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Goldbloom, Marcie)
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Filing 7
DESIGNATION of Alex Harms Hartzler as U.S. Attorney for Defendant Andrew M. Saul (Hartzler, Alex)
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Filing 6
ATTORNEY Appearance for Plaintiff Jose Villa by Elise D Crawley (Crawley, Elise)
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Filing 5
ATTORNEY Appearance for Plaintiff Jose Villa by Beth A. Alpert (Alpert, Beth)
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Filing 4
APPLICATION by Plaintiff Jose Villa for leave to proceed in forma pauperis (Goldbloom, Marcie)
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Filing 3
ATTORNEY Appearance for Plaintiff Jose Villa by Marcie E. Goldbloom (Goldbloom, Marcie)
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Filing 2
CIVIL Cover Sheet (Goldbloom, Marcie)
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Filing 1
RECEIVED Complaint and by Jose Villa (Attachments: #1 Exhibit Letter to Appeals Council)(Goldbloom, Marcie)
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CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (cm, )
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