DeLuca v. Commissioner of Social Security
| Michael DeLuca |
| Commissioner of Social Security |
| SSAOGC |
| 3:2023cv02902 |
| August 23, 2023 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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Filing 9
ORDER SETTING SOCIAL SECURITY BRIEFING SCHEDULE: Defendant's brief due within 30 days after filing of plaintiff's brief. Signed by Judge Stephen P. McGlynn on 10/20/2023. (aza)
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| Filing 8 SUBMISSION OF TRANSCRIPT of Administrative Record. filed by Nathan E. Wyatt on behalf of Commissioner of Social Security. (Attachments: #1 Court Transcript Index 09-27-2023, #2 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 02-25-2021, #3 Payment Documents and Decisions 02-25-2021, #4 Jurisdictional Documents and Notices 02-25-2021, #5 Non Disability Related Development 02-25-2021, #6 Disability Related Development 02-25-2021, #7 dical Records 02-25-2021, #8 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 08-24-2021, #9 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 09-27-2023, #10 Payment Documents and Decisions 09-27-2023, #11 Jurisdictional Documents and Notices 09-27-2023, #12 Non Disability Related Development 09-27-2023, #13 Disability Related Development 09-27-2023, #14 Medical Records 09-27-2023 Part 1, #15 Medical Records 09-27-2023 Part 2, #16 DeLuca 23-2902 CAR Supplement, #17 Medical Records 09-27-2023 Part 4, #18 Medical Records 09-27-2023 Part 5)(Wyatt, Nathan) |
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Filing 7
ORDER: A court may permit a plaintiff to proceed in forma pauperis where the plaintiff has demonstrated indigence. 28 U.S.C. 1915(a)(1). Nevertheless, a court can dismiss a qualified plaintiff's case if the action is clearly frivolous or malicious. 28 U.S.C. 1915(e)(2)(B)(i). The Court finds that Plaintiff's affidavit demonstrates indigence. Therefore, Plaintiff's #2 Motion for Leave to Proceed in forma pauperis is GRANTED. Additionally, in Plaintiff's Complaint, he states that he seeks review of a decision of the Commissioner of the Social Security Administration as permitted under 42 U.S.C. 405(g). Accordingly, the Court finds nothing in the file to indicate that this action is frivolous or malicious. Signed by Judge Stephen P. McGlynn on 8/25/2023. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wyatt, Nathan) |
| Filing 5 NOTICE of Appearance by Nathan E. Wyatt on behalf of Commissioner of Social Security (Wyatt, Nathan) |
| Filing 4 Notice of Commencement of Action and Judge Assignment. District Judge Stephen P. McGlynn assigned. An electronic copy of the Complaint is attached. All future documents must bear case number 3:23-cv-2902-SPM. 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 3 NOTICE of Appearance by Brent M. Gaines on behalf of Michael DeLuca (Gaines, Brent) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael DeLuca. (Gaines, Brent) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Michael DeLuca. (Attachments: #1 Civil Cover Sheet)(Gaines, Brent) |
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