Toralba v. Kijakazi
| Dioselina Toralba |
| Comm'r of SSA Kilolo Kijakazi and Kilolo Kijakazi |
| 1:2023cv14062 |
| September 25, 2023 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
Docket Report
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| Filing 8 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's application to proceed in forma pauperis (IFP) #4 and grants Plaintiff's motion. In order to proceed in forma pauperis, "a plaintiff's income must be at or near the poverty level." Bulls v. Marsh, 1989 WL 51170, at *1 (N.D. Ill. May 5, 1989); see also Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir. 1980). To measure poverty level, many judges in this district use the poverty guidelines promulgated by the United States Department of Health and Human Services (available at https://aspe.hhs.gov/poverty-guidelines). The 2023 guidelines for the 48 contiguous states and the District of Columbia set the poverty level for a household of two at $19,720. Plaintiff's IFP application #4 shows that she is near the poverty level, and also has debt and other financial obligations which exceed the monthly income of her household. On that basis, the Court finds that Plaintiff is unable to pay the costs and fees associated with filing this action, and thus, the filing fee is waived. Emailed notice (axc). |
| Filing 7 CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendant Kilolo Kijakazi (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Flores, Nicole) |
| Filing 6 DESIGNATION of Nicole Suzanne Flores as U.S. Attorney for Defendant Kilolo Kijakazi (Flores, Nicole) |
| Filing 5 MINUTE entry before the Honorable Franklin U. Valderrama: 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. Additionally, on or before the deadline for the filing of the administrative record, the parties shall file a joint status report in which they indicate (i) whether the parties will agree to consent to the exercise of jurisdiction by a United States Magistrate Judge and (ii) whether they will agree to a voluntary remand to the Commissioner. If the parties consent to the jurisdiction of the Magistrate Judge, they shall execute and file with the Court the joint consent form included as part of the Clerk's Notice previously filed in this case. If the parties agree to a voluntary remand to the Commissioner, they must file an agreed motion for remand. Emailed notice (axc). |
| Filing 4 APPLICATION by Plaintiff Dioselina Toralba for leave to proceed in forma pauperis (Marvin, Cody) |
| Filing 3 ATTORNEY Appearance for Plaintiff Dioselina Toralba by Cody Thomas Marvin (Marvin, Cody) |
| Filing 2 CIVIL Cover Sheet (Marvin, Cody) |
| Filing 1 COMPLAINT filed by Dioselina Toralba; (Attachments: #1 AC decision)(Marvin, Cody) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (jxm, ) |
| 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. (jxm, ) |
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