Fairchild v. Commissioner of Social Security
| Tipareth A. Fairchild |
| Commissioner of Social Security |
| SSAOGC |
| 3:2023cv02577 |
| July 25, 2023 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 205 Denial Social Security Benefits |
| None |
Docket Report
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This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 19 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty 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-2577-MAB. Any District Judge previously assigned will no longer be assigned to this case. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 18 FINAL CONSENT TO U.S. MAGISTRATE JUDGE |
Filing 17
ORDER: Although the Clerk of Court recently issued summons as to the Commissioner of Social Security (Doc. 16), the previous instruction stands that Plaintiff need not formally serve the summons and a copy of the complaint in accordance with Federal Rule of Civil Procedure 4 (see Doc. 2). The previously entered Notice of Commencement of Action and Judge Assignment, (Doc. 2), 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. The Court notes that notice of this action was obviously received because counsel entered an appearance on behalf of the Commissioner (Doc. 8). The next steps in this action are for the Commissioner to return the form consenting or declining to consent to magistrate judge jurisdiction (see Doc. 14), and to submit an answer and/or a certified copy of the administrative record. See Supplemental Rules for Social Security Actions under 42 U.S.C. sec. 405(g), Rule 4. Signed by Magistrate Judge Mark A. Beatty on 8/22/2023. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 Summons Issued as to Commissioner of Social Security. Original mailed to counsel for service. (adh) |
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Filing 15
ORDER GRANTING #9 Motion for Leave to Proceed in forma pauperis. A federal court is authorized under 28 U.S.C. sec. 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 [she] possesses [showing] that [she] is unable to pay such fees or give security therefor." The Court is satisfied from Plaintiff's affidavit that she is indigent. Therefore, the Court GRANTS the motion to proceed in forma pauperis without prepayment of fees and costs. The Court notes, however, that should it become apparent that the action is frivolous or malicious at any time in the future, it may dismiss the case pursuant to 28 U.S.C. sec. 1915(e)(2)(B)(i). Signed by Magistrate Judge Mark A. Beatty on 8/21/2023. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 NOTICE FROM CLERK Instructing Commissioner of Social Security 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 Commissioner of Social Security on 8/17/2023. Consent due by 9/7/2023 (jlrr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 13 ENTERED IN ERROR-NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #12 Consent/Non-Consent to US Magistrate Judge. Requested in error. No further action required. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 8/17/2023 (jlrr). |
| Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Comerford, Ida) |
| Filing 11 NOTICE: Tipareth A. Fairchild was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 347, Tipareth A. Fairchild shall return the form within 7 days or face possible sanctions. Consent due by 8/23/2023 (adh) |
| Filing 10 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #5 Summons Returned Executed as to USA filed by Tipareth A. Fairchild. Summons should not have been issued until that Motion to Proceed IFP has been ruled on therefore Summons Returned executed not valid. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Tipareth A. Fairchild. (Comerford, Ida) |
| Filing 8 NOTICE of Appearance by Nathan E. Wyatt on behalf of Commissioner of Social Security (Wyatt, Nathan) |
| Filing 7 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #4 Summons Issued as to USA.. Efiler attached a Motion for IFP to the complaint that should have been filed separately. Summons should not have been issued until that Motion to Proceed IFP has been ruled on. (jlrr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 7/26/2023 (jlrr). |
| Filing 6 NOTICE OF ACTION re #1 Complaint, filed by Tipareth A. Fairchild. Efiler attached a Motion to Proceed IFP as an exhibit. This motion must be filed as a separate document. (jlrr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 5 ENTRY STRICKEN: SUMMONS Returned Executed by Tipareth A. Fairchild. (Comerford, Ida) Modified on 8/14/2023 (lmb). |
| Filing 4 STRICKEN-Summons Issued as to Commissioner of Social Security. Original emailed to counsel for service. (adh) Modified on 7/26/2023 (jlrr). |
| Filing 3 NOTICE FROM CLERK Instructing Tipareth A. Fairchild 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 Tipareth A. Fairchild on 7/25/23. Consent due by 8/15/2023 (adh) |
| Filing 2 Notice of Commencement of Action and Judge Assignment. Magistrate Judge Mark A. Beatty assigned. An electronic copy of the Complaint is attached. All future documents must bear case number 3:23-cv-2577-MAB. 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. (adh) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Tipareth A. Fairchild. (Attachments: #1 Exhibit A-Notice of Decision-UNFAVORABLE, #2 Exhibit B-NOTICE OF APPEALS COUNCIL ACTION, #3 Summons, #4 Summons, #5 Summons, #6 Civil Cover Sheet, #7 PROCEED IN FORMA PAUPERIS)(Comerford, Ida) |
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