Riley v. Kijakazi
| Rita M. Riley |
| Acting Commissioner Kilolo Kijakazi and Kilolo Kijakazi |
| 1:2021cv05631 |
| October 22, 2021 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Maria Valdez |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 205 |
| None |
Docket Report
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Filing 12
MINUTE entry before the Honorable Maria Valdez: Defendant's Unopposed Motion for a First Extension of Time to Respond to Plaintiff's Complaint #11 is granted. The time for filing the certified administrative record is extended to 1/20/22. Mailed notice (lp, )
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Filing 11
MOTION by Defendant Kilolo Kijakazi for extension of time to file answer regarding complaint #1 (Unopposed) (Souza, Abraham)
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Filing 10
COMPLAINT filed by Rita M. Riley(bg, )
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Filing 9
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 8
MINUTE entry before the Honorable Maria Valdez: Plaintiff has filed an Application to Proceed Without Prepaying Fees or Costs and a Financial Affidavit #2 . Pursuant to 28 U.S.C. section 1915, Plaintiff may proceed without prepaying if she 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 receives minimal income from employment and public assistance, 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 #2 is therefore granted. Mailed notice (lp, )
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Filing 7
ORDER REASSIGNING: Case reassigned 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 11/15/2021. (bg, )
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Filing 6
JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Richter, Matthew)
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Filing 5
DESIGNATION of Abraham Judson Souza as U.S. Attorney for Defendant Kilolo Kijakazi (Souza, Abraham)
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Filing 4
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 by 11/12/2021 to discuss whether they jointly consent to proceed before the Magistrate Judge. Mailed notice (Attachments: #1 Consent Form) (lk, )
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Filing 3
ATTORNEY Appearance for Plaintiff Rita M. Riley by Matthew Frederick Richter (Richter, Matthew)
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Filing 2
APPLICATION by Plaintiff Rita M. Riley for leave to proceed in forma pauperis (Richter, Matthew)
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Filing 1
COMPLAINT against Kilolo KIjakazi, in her capacity as Acting Comm'r of Social Security filed by Rita M. Riley; (Attachments: #1 Civil Cover Sheet)(Richter, Matthew)
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CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (ak, )
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