Hernandez v. Kijakazi
| Stephanie F Hernandez |
| Kilolo Kijakazi |
| 1:2023cv01115 |
| February 23, 2023 |
| US District Court for the Northern District of Illinois |
| Maria Valdez |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 1383 Review of HHS Decision |
| None |
Docket Report
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| Document Text |
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| Filing 11 CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendant Kilolo Kijakazi (Attachments: #1 Exhibit, #2 Exhibit)(Kelly, Kathryn) |
| Filing 10 COMPLAINT filed by Stephanie F. Hernandez. (jh, ) |
| 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 the case. If the case was previously remanded, the parties shall file a short joint statement within 14 days providing pertinent past case information. They are also 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, ) |
| 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, 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 and receives only a small amount of 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, ) |
Filing 7
ORDER REASSIGNING: Case reassigned to the Honorable Maria Valdez for all further proceedings pursuant to Local Rule 73.1. Parties have consented to the reassignment. Honorable Martha M. Pacold no longer assigned to the case. Signed by Honorable Martha M. Pacold on 3/9/23.(gcy, )
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| Filing 6 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Brown, James) |
| Filing 5 DESIGNATION of Kathryn Ann Kelly as U.S. Attorney for Defendant Kilolo Kijakazi (Kelly, Kathryn) |
| CLERK'S NOTICE: Pursuant to Local Rule 40.3(C), this case has been directly assigned to the Magistrate Judge who previously remanded a related case filed by Plaintiff. If Plaintiff and Defendant consent to have the Magistrate Judge conduct all proceedings in this case, including the entry of final judgment, they must execute and file a # Consent# form. If an executed Consent form is not filed within 60 days of this notice, the case will be reassigned to the District Judge to whom the prior related case was originally assigned. (jk2, ) |
| 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. (jk2, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Direct assignment. (jk2, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Stephanie F Hernandez by James P. Brown (Brown, James) |
| Filing 3 CIVIL Cover Sheet (Brown, James) |
| Filing 2 APPLICATION by Plaintiff Stephanie F Hernandez for leave to proceed in forma pauperis (Brown, James) |
| Filing 1 RECEIVED COMPLAINT filed by Stephanie F. Hernandez. (Brown, James) Modified on 3/21/2023 (jh, ). |
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| Plaintiff: Stephanie F Hernandez | |
| Represented By: | James P. Brown |
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| Defendant: Kilolo Kijakazi | |
| Represented By: | Kathryn Ann Kelly |
| Represented By: | AUSA - SSA |
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