Banos v. Kijakazi
| Efrain Banos |
| Kilolo Kijakazi |
| 1:2022cv01309 |
| March 11, 2022 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Maria Valdez |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
Docket Report
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This docket was last retrieved on April 27, 2023. A more recent docket listing may be available from PACER.
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Filing 10
CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendant Kilolo Kijakazi (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Claus, Michael)
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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 #4 . Pursuant to 28 U.S.C. section 1915, a plaintiff may proceed without prepaying if they 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, receives only a small amount of food assistance, and has a young dependent, 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 7
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 Manish S. Shah no longer assigned to the case. Signed by Honorable Manish S. Shah on 3/16/2022. (jn, )
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Filing 6
JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Marvin, Cody)
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Filing 5
DESIGNATION of Michael D. Claus as U.S. Attorney for Defendant Kilolo Kijakazi (Claus, Michael)
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Filing 4
APPLICATION by Plaintiff Efrain Banos for leave to proceed in forma pauperis (Marvin, Cody)
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Filing 3
ATTORNEY Appearance for Plaintiff Efrain Banos by Cody Thomas Marvin (Marvin, Cody)
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Filing 2
CIVIL Cover Sheet (Marvin, Cody)
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Filing 1
COMPLAINT filed by Efrain Banos; (Attachments: #1 AC decision)(Marvin, Cody)
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jxj, )
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CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (jxj, )
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| Plaintiff: Efrain Banos | |
| Represented By: | Cody Thomas Marvin |
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| Defendant: Kilolo Kijakazi | |
| Represented By: | AUSA-SSA |
| Represented By: | Michael D. Claus |
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