Niece v. SSA
Plaintiff: Edward H. Niece, Jr.
Defendant: Commissioner of SSA
Case Number: 7:2023cv00080
Filed: October 9, 2023
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Edward B Atkins
Referring Judge: Robert E Wier
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. ยง 405 Review of HHS Decision (DIWC)
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 7, 2023 Filing 12 UNOPPOSED MOTION to Remand to Agency by Commissioner of SSA (Attachments: #1 Proposed Order)(Muir, Chad)
December 7, 2023 ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #12 UNOPPOSED MOTION to Remand to Agency by Commissioner of SSA (RCB)
December 1, 2023 Filing 11 ANSWER to #1 Complaint by Commissioner of SSA.(Morgan, Cheryl)
November 30, 2023 Filing 10 NOTICE OF APPEARANCE by Commissioner of SSA. (Muir, Chad)
November 16, 2023 Filing 8 NOTICE by Edward H. Niece, Jr re #7 Notice (Cox, Ronald)
November 16, 2023 Case Reassigned to Magistrate Judge Edward B. Atkins. Judge Robert E. Wier no longer assigned to the case pursuant to #5 Order re #7 , #8 Notice of Consent to Magistrate Judge. (RCB)
November 16, 2023 ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: Case Reassigned re #7 , #8 Notice of Consent to Magistrate Judge (RCB)
October 16, 2023 Filing 7 NOTICE by Commissioner of SSA re #5 Order, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE (Morgan, Cheryl)
October 10, 2023 Opinion or Order Filing 6 ORDER: Plf Edward H. Niece, Jr. moves for permission to proceed in forma pauperis. #3 . Court, being sufficiently advised, and on consideration of materials submitted and standards of 28 U.S.C. 1915(a)(1), GRANTS Niece's motion. Signed by Judge Robert E. Wier on 10/10/2023. (RCB) cc: COR
October 10, 2023 Opinion or Order Filing 5 ORDER: Parties confer whether they voluntarily consent to Magistrate Judge for all further proceedings. Court attaches consent form to Order. If parties consent via signing form, Clerk shall reassign without further Order. Parties free to withhold consent without adverse consequences. Signed by Judge Robert E. Wier on 6/18/2018. (Attachments: #1 MJ Consent Form)(RCB)cc: COR
October 10, 2023 Opinion or Order Filing 4 GENERAL ORDER 22-15: STANDING PROCEDURES GOVERNING FILINGS, BRIEFING, AND RESOLUTION OF ACTIONS: 1. An action is commenced upon filing of the complaint. 2. Clerk to notify Commissioner of Social Security and the U.S. Attorney via Notice of Electronic Filing (NEF). 3. Answer to the complaint must be served within 60 days of notice of the action as outlined in (2) above. 4. FRCP 12 motions due within 60 days of notice of action as outlined in (2) above. 5. Action is presented for decision by parties briefs. (a) Plaintiffs Brief is due 30 days after the answer is filed OR within 30 days after entry of an order disposing of the last remaining motion under paragraph (4) above. (b) Commissioners Brief due within 30 days after service of Plaintiffs Brief. (c) Plaintiff's Reply brief due within 14 days after service of Commissioners Brief. 6. Extensions of time, page limitations or permissions to file additional briefs may be granted for good cause shown. 7. Except as otherwise provided motion practice shall be governed by LR 7.1. 8. Clerk directed to file this General Order in all actions under 42 U.S.C. 405(g). 9. On December 1, 2022, this General Order shall supersede General Order 13-17. Signed by Judge Danny C. Reeves. CC: COR (RCB)
October 10, 2023 Conflict Check run. (RCB)
October 10, 2023 ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #3 MOTION for Leave to Proceed in forma pauperis by Edward H. Niece, Jr (RCB)
October 9, 2023 Filing 3 MOTION for Leave to Proceed in forma pauperis by Edward H. Niece, Jr. (RCB)
October 9, 2023 Filing 1 COMPLAINT filed by Edward H. Niece, Jr. (No Process Necessary). (RCB)

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Plaintiff: Edward H. Niece, Jr.
Represented By: Ronald C. Cox
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Defendant: Commissioner of SSA
Represented By: Cheryl D. Morgan, AUSA
Represented By: Chad Muir, DOJ
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