Howell v. Commissioner of Social Security
| Shelley S Howell |
| Commissioner of Social Security |
| SSAOGC |
| 3:2023cv02374 |
| July 10, 2023 |
| US District Court for the Southern District of Illinois |
| Reona J Daly |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
Docket Report
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Filing 12
ORDER SETTING SOCIAL SECURITY BRIEFING SCHEDULE: Defendant's brief due within 30 days after filing of plaintiff's brief. Signed by Magistrate Judge Reona J. Daly on 9/6/2023. (clw)
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| Filing 11 SUBMISSION OF TRANSCRIPT of Administrative Record. filed by Nathan E. Wyatt on behalf of Commissioner of Social Security. (Attachments: #1 002 Court Transcript Index, #2 003 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable, #3 004 Payment Documents and Decisions, #4 005 Jurisdictional Documents and Notices, #5 006 Non Disability Related Development, #6 007 Disability Related Development, #7 008 Medical Records)(Wyatt, Nathan) |
| Filing 10 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Reona J. Daly is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 3:23-CV-2374-RJD. Any District Judge previously assigned will no longer be assigned to this case. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 9 FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Marvin, Cody) Modified on 8/1/2023 (clw). |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wyatt, Nathan) |
| Filing 7 NOTICE of Appearance by Nathan E. Wyatt on behalf of Commissioner of Social Security (Wyatt, Nathan) |
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Filing 6
ORDER GRANTING #3 Motion for Leave to Proceed in forma pauperis. A federal court is authorized under 28 U.S.C. 1915(a)(1) to permit an indigent party to proceed in a civil action without prepaying the filing fee if the party "submits an affidavit that includes a statement of all assets [he] possesses [showing] that [he] is unable to pay such fees or give security therefor." The Court shall deny the plaintiff's motion and dismiss the action if the allegation of poverty is untrue or if the action is frivolous or malicious, which means the plaintiff cannot make a rational legal or factual argument to support the claims. See id. 1915(e)(2)(A), (B)(i); Ledbetter v. Comm'r of Social Security, No. 20-912, 2020 WL 6395491, at *1 (S.D. Ill. 2020). Here, based on Plaintiff's affidavit, the Court is satisfied that Plaintiff is indigent. Further, the record does not suggest Plaintiff's claims are frivolous or malicious. Therefore, the Court GRANTS Plaintiff's request to Proceed in the District Court Without Prepaying Fees or Costs. The Court emphasizes that it may dismiss this action, at any time, if the action is deemed frivolous or malicious. See 28 U.S.C. 1915(e)(2)(B)(i). The Court's Notice of Commencement of Action at Doc. 4 suffices for service under Supplemental Rule 3. Accordingly, as stated at Doc. 4, Plaintiff need not serve a summons and complaint under Civil Rule 4. Signed by Magistrate Judge Reona J. Daly on 7/11/2023. (nmf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 NOTICE FROM CLERK Instructing Shelley Howell to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 347, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Shelley Howell on 7/11/2023. Consent due by 8/1/2023 (clw) |
| Filing 4 Notice of Commencement of Action and Judge Assignment. Magistrate Judge Reona J. Daly assigned. An electronic copy of the Complaint is attached. All future documents must bear case number 3:23-CV-2374-RJD. 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. (clw) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Shelley S Howell. (Marvin, Cody) |
| Filing 2 NOTICE of Appearance by Cody T. Marvin on behalf of Shelley S Howell (Marvin, Cody) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Shelley S Howell. (Attachments: #1 AC decision, #2 Civil Cover Sheet)(Marvin, Cody) |
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