Ramirez v. O'Malley
| Ana Ramirez |
| Commissioner Martin J. O'Malley and Martin J. O'Malley |
| 1:2024cv00188 |
| January 8, 2024 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| Maria Valdez |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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| Document Text |
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| Filing 11 CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendant Martin J. O'Malley (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Flores, Nicole) |
| Filing 10 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. If the case was previously remanded, the parties shall file a short joint statement within 14 days providing pertinent past case information. 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; the Social Security Administration's responsive brief is due 45 days after plaintiff's brief is filed; and Plaintiff's reply brief, if any, is due 14 days after defendant's brief is filed. Mailed notice (lp, ) |
| Filing 9 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 minimal income and relies on her family for support, 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, ) |
Filing 8
ORDER REASSIGNING: Case reassigned to the Honorable Maria Valdez for all further proceedings, pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Honorable Mary M. Rowland no longer assigned to the case. Signed by Honorable Mary M. Rowland on 01/19/2024. (rc, )
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| Filing 7 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Good, Neil) |
| Filing 6 MINUTE entry before the Honorable Mary M. Rowland: This matter is before the Court for review of a final decision by the Commissioner of Social Security. The parties are strongly encouraged to consider consenting to proceed before the assigned United States Magistrate Judge. Should the parties elect to do so, the appropriate form to execute and file with the court may be found at the following location: https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_public/consent.pdf. Otherwise, the Court sets the following briefing schedule: Plaintiff's brief in support of reversing or remanding the decision subject to review is due within 45 days after the filing of the answer to the complaint and/or the administrative record. The Commissioner's response and brief in support of affirming the decision subject to review is due 30 days thereafter. Plaintiff's reply, if any, is due 10 days thereafter. The Court will not consider extension requests absent extenuating circumstances. Mailed notice. (dm, ) |
| Filing 5 DESIGNATION of Nicole Suzanne Flores as U.S. Attorney for Defendant Martin J. O'Malley (Flores, Nicole) |
| Filing 4 APPLICATION by Plaintiff Ana Ramirez for leave to proceed in forma pauperis (Good, Neil) |
| Filing 3 CIVIL Cover Sheet (Good, Neil) |
| Filing 2 ATTORNEY Appearance for Plaintiff Ana Ramirez by Neil H. Good (Good, Neil) |
| Filing 1 RECEIVED COMPLAINT for Administrative Review filed by Ana Ramirez; (Good, Neil) Docket Text Modified by Clerk's Office. |
| CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Maria Valdez. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (Civil Category 3). (ksr, ) |
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