Bell v. Commissioner of Social Security
| Gregg S. Bell, Jr. |
| Commissioner of Social Security |
| SSAOGC |
| 3:2023cv01459 |
| April 28, 2023 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
Docket Report
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| Filing 13 NOTICE - All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Nonetheless, to maintain an equalized docket and to foster efficiency, this action will not be referred to a magistrate judge at this time. See Administrative Order No. 347. Accordingly, until further notice, this case will remain with the assigned district judge. (jlrr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Nelson, John) |
| Filing 11 NOTICE of Appearance by Judy Tsui on behalf of Commissioner of Social Security (Tsui, Judy) |
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wyatt, Nathan) |
| Filing 9 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #8 Consent/Non-Consent to US Magistrate Judge. Document attached is not a Consent/Non-Consent. Please refile document. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 8 STRICKEN CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wyatt, Nathan) Modified on 5/11/2023 (csb). |
| Filing 7 NOTICE of Appearance by Nathan E. Wyatt on behalf of Commissioner of Social Security (Wyatt, Nathan) |
Filing 6
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Two issues must be resolved before in forma pauperis status can be granted: the plaintiff must show that he is indigent by submitting an affidavit "that includes a statement of all assets [he] possesses [showing] that [he] is unable to pay such fees or give security therefor," and the plaintiff's complaint must not be clearly frivolous or malicious. 28 U.S.C. 1915(a)(1). Here, the Court is satisfied that Plaintiff is indigent based on the affidavit submitted (Doc. 2), and the record does not suggest that Plaintiff's claims are frivolous or malicious. Accordingly, the Court GRANTS Plaintiff's motion for leave to proceed in forma pauperis without prepayment of fees and costs (Doc. 2). Plaintiff is warned, however, that should it become apparent at any time in the future that this action is frivolous or malicious, this action may be dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(i). Further, the Court's Notice of Commencement of Action at Doc. 3 suffices for service under Supplemental Rule 3 as it provides a means of electronic access to the complaint to the SSAOCG and the U.S. Attorney for the Southern District of Illinois. Accordingly, as previously stated by the Court, Plaintiff need not serve a summons and complaint under Civil Rule 4. Signed by Judge David W. Dugan on 5/1/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 NOTICE of Appearance by John R. Nelson on behalf of Gregg S. Bell, Jr (Nelson, John) |
| Filing 4 NOTICE OF ACTION re #1 Complaint filed by Gregg S. Bell, Jr. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Nelson does not have a Notice of Appearance on file in this case. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 3 Notice of Commencement of Action and Judge Assignment. Judge David W. Dugan assigned. An electronic copy of the Complaint is attached. All future documents must bear case number 23-cv-1459-DWD. This notice suffices for service under Supplemental Rule 3 as it provides a means of electronic access to the complaint to the SSAOGC and the U.S. Attorney for the Southern District of Illinois. Plaintiff need not serve a summons and complaint under Civil Rule 4. (csb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Gregg S. Bell, Jr. (Attachments: #1 Affidavit Financial Affidavit)(Nelson, John) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Gregg S. Bell, Jr. (Attachments: #1 Civil Cover Sheet)(Nelson, John) |
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