Herman v. O'Malley
| Timothy G Herman |
| Martin J O'Malley |
| 1:2024cv00254 |
| January 10, 2024 |
| US District Court for the Northern District of Illinois |
| Maria Valdez |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
Docket Report
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| Document Text |
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| Filing 9 MINUTE entry before the Honorable Maria Valdez: Defendant's Unopposed Motion for an Enlargement of Time to File Commissioner's Response to Plaintiff's Complaint #8 is granted. The time for filing the response to Plaintiff's complaint is extended to 4/10/24. (rbf, ) |
| Filing 8 MOTION by Defendant Martin J O'Malley for extension of time to file answer regarding complaint #1 (Unopposed) (Heffron, Scott) |
| Filing 7 DESIGNATION of Scott Dennis Heffron as U.S. Attorney for Defendant Martin J O'Malley (Heffron, Scott) |
| Filing 6 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. 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 5 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 or assets, 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, ) |
| 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. (lw, ) |
| CASE ASSIGNED to the Honorable Maria Valdez. Case assignment: Direct assignment. (lw, ) |
| Filing 4 CIVIL Cover Sheet (Brown, James) |
| Filing 3 ATTORNEY Appearance for Plaintiff Timothy G Herman by James P. Brown (Brown, James) |
| Filing 2 APPLICATION by Plaintiff Timothy G Herman for leave to proceed in forma pauperis (Brown, James) |
| Filing 1 COMPLAINT filed by Timothy G Herman; (Brown, James) |
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| Plaintiff: Timothy G Herman | |
| Represented By: | James P. Brown |
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| Defendant: Martin J O'Malley | |
| Represented By: | Scott Dennis Heffron |
| Represented By: | AUSA - SSA |
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