Merkel v. Commissioner of Social Security
| Brandy Merkel |
| Commissioner of Social Security |
| SSAOGC |
| 3:2024cv00435 |
| February 17, 2024 |
| US District Court for the Southern District of Illinois |
| Reona J Daly |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 9 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 24-435-RJD. Any District Judge previously assigned will no longer be assigned to this case. (aca)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 8 FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wyatt, Nathan) Modified on 3/1/2024 (aca). |
| Filing 7 NOTICE of Appearance by Nathan E. Wyatt on behalf of Commissioner of Social Security (Wyatt, Nathan) |
Filing 6
ORDER GRANTING #4 MOTION for Leave to Proceed in forma pauperis filed by Brandy Merkel. Two issues must be resolved before in forma pauperis status can be granted: the plaintiff must show that she is indigent by submitting an affidavit that includes a statement of all assets she possesses showing that she is unable to pay the Court's filing fees, and the 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. 4), 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. 4). Plaintiff is warned, however, that if it becomes 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). The Court's Notice of Commencement of Action (Doc. 5) 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. As previously stated by the Court, Plaintiff need not serve a summons and complaint under Civil Rule 4. Signed by Magistrate Judge Reona J. Daly on 2/20/2024. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 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 3:24-cv-00435-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. (aza) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Brandy Merkel. (Linerud, Rory) |
| Filing 3 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Linerud, Rory) |
| Filing 2 NOTICE of Appearance by Rory Linerud on behalf of Brandy Merkel (Linerud, Rory) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Brandy Merkel. (Attachments: #1 Civil Cover Sheet)(Linerud, Rory) |
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