Smith v. O'Malley
| Willie J. Smith, Jr. |
| Martin O'Malley |
| 1:2024cv00222 |
| January 9, 2024 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Heather K McShain |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 11 CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendant Martin O'Malley (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Lindland, Kurt) |
| Filing 10 MINUTE entry before the Honorable Heather K. McShain: The case has been reassigned to this Court on consent [ #8 #9 ]. 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. Filing fee remains due by 02/07/2024 #5 . Mailed notice. (pk, ) |
| Filing 9 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Heather K. McShain for all further proceedings. Honorable John Robert Blakey no longer assigned to the case pursuant to Local Rule 73.1. Signed by Honorable John Robert Blakey on 01/23/2024. (daj, ) |
| Filing 8 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the joint consent to exercise jurisdiction #7 , this case is transferred to the Magistrate Judge for all purposes. Any deadlines set before Judge Blakey are stricken. Mailed notice (gel, ) |
| Filing 7 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Horn, John) |
| Filing 6 DESIGNATION of Kurt N. Lindland as U.S. Attorney for Defendant Martin O'Malley (Lindland, Kurt) |
| Filing 5 MINUTE entry before the Honorable John Robert Blakey: Plaintiff filed a complaint #1 , along with an application for leave to proceed in forma pauperis #4 . The federal in forma pauperis statute, 28 U.S.C. 1915, is designed to ensure indigent litigants meaningful access to the federal courts while simultaneously preventing indigent litigants from filing frivolous, malicious, or repetitive lawsuits. Neitzke v. Williams, 490 U.S. 319, 324 (1989). Before authorizing a litigant to proceed in forma pauperis, the Court must make two determinations: first, the Court must determine that the litigant is unable to pay the $405 filing fee; and, second, the Court must determine that the action is neither frivolous nor malicious, does not fail to state a claim, and does not seek money damages against a defendant immune from such relief. 28 U.S.C. 1915(a), (e). The first determination is made through a review of the litigant's assets as stated in an affidavit submitted to the Court. The second is made by looking to the plaintiff's allegations. Plaintiff's action here seeking judicial review of the Social Security Administration's denial of his claim for benefits remains non-frivolous. And Plaintiff's IFP application shows that he does not earn any income. But his application also indicates that his wife earns $3,600 per month. This income, even for a family of four, places Plaintiff significantly above the threshold for IFP eligibility. See, e.g., Onischuk v. Johnson Controls, Inc., 182 Fed.Appx. 532, 533 (7th Cir. 2006) (affirming denial of IFP status where the plaintiff's wife earned over $2,500 per month); Brewster v. North Am. Van Lines, Inc., 461 F.2d 649, 651 (7th Cir. 1972) (the privilege to proceed IFP remains "reserved to the many truly impoverished litigants who, within a district court's discretion, would remain without legal remedy if such privilege were not afford to them."). For this reason, the Court denies Plaintiff's IFP application #4 ; if Plaintiff wishes to proceed with this case, he must pay the filing fee. If he fails to comply by 2/7/24, the Court will dismiss the case. Mailed notice (gel, ) |
| Filing 4 APPLICATION by Plaintiff Willie J. Smith, Jr for leave to proceed in forma pauperis (Horn, John) |
| Filing 3 ATTORNEY Appearance for Plaintiff Willie J. Smith, Jr by John E. Horn (Horn, John) |
| Filing 2 CIVIL Cover Sheet (Horn, John) |
| Filing 1 COMPLAINT filed by Willie J. Smith, Jr; (Horn, John) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category Two). (lw, ) |
| 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. (lw, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Smith v. O'Malley | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Willie J. Smith, Jr. | |
| Represented By: | John E. Horn |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Martin O'Malley | |
| Represented By: | AUSA - SSA |
| Represented By: | Kurt N. Lindland |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
