Branham v. SSA
| Johnny Branham |
| Commissioner of SSA |
| 7:2024cv00002 |
| January 9, 2024 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Robert E Wier |
| Social Security: SSID Tit. XIV |
| 42 U.S.C. § 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 NOTICE of Appearance by Daniel Stice Tarabelli on behalf of Commissioner of SSA (Tarabelli, Daniel) |
| Filing 20 RESPONSE to #16 filed by Johnny Branham. (Pillersdorf, Ned) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #16 MOTION to Dismiss for failure to state a claim by Commissioner of SSA Partial Motion to Dismiss 42 U.S.C. 1983 Claim (RCB) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #5 MOTION for Preliminary Injunction by Johnny Branham (RCB) |
| Filing 19 ANSWER to Complaint and Certified Administrative Record by Commissioner of SSA. (Attachments: #1 Administrative Transcript - Social Security Supplemental Transcript)(Muir, Chad) |
| Filing 18 NOTICE OF APPEARANCE by Commissioner of SSA. (Muir, Chad) |
| Filing 17 RESPONSE in Opposition re #5 MOTION for Preliminary Injunction by Johnny Branham filed by Commissioner of SSA. (Holland, Laura) |
| Filing 16 MOTION to Dismiss for failure to state a claim by Commissioner of SSA Partial Motion to Dismiss 42 U.S.C. 1983 Claim (Attachments: #1 Proposed Order)(Holland, Laura) Modified text on 2/29/2024 (RCB). |
| Filing 15 Civil Filing fee received - $ 405, receipt number 700000604. (RCB) |
Filing 14
ORDER: the motion for an extension #12 is GRANTED. Dft shall file a response to Plf's Motion for Preliminary Injunction by February 13, 2024. Signed by Magistrate Judge Edward B. Atkins on 2/2/2024. (RCB) cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #13 Order. No response filed by 1/31/2024. (RCB) |
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Filing 13
ORDER: Branham shall file a response to Dft's motion for an extension, #12 , by Wednesday, January 31, 2024. Signed by Magistrate Judge Edward B. Atkins on 1/26/2024. (TDA) cc: COR
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| Filing 12 MOTION for Extension of Time to File Response/Reply as to #5 MOTION for Preliminary Injunction by Johnny Branham by Commissioner of SSA (Attachments: #1 Proposed Order)(Holland, Laura) |
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Filing 11
ORDER: Mr. Branham's motion to proceed in forma pauperis, #3 , is DENIED and he shall be required to pay the filing fee within 30 days. Signed by Magistrate Judge Edward B. Atkins on 1/12/2024. (RCB) cc: COR
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| Filing 9 NOTICE OF FILING by Commissioner of SSA re #7 Order, of CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE (Morgan, Cheryl) |
| Filing 8 NOTICE OF APPEARANCE by Commissioner of SSA. (Holland, Laura) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #3 MOTION for Leave to Proceed in forma pauperis by Johnny Branham (RCB) |
| Case Reassigned to Magistrate Judge Edward B. Atkins. Judge Robert E. Wier no longer assigned to the case per #9 Notice of Consent to Magistrate Judge re #7 Order. (RCB) |
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Filing 7
STANDING 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
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Filing 6
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)
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| Filing 5 MOTION for Preliminary Injunction by Johnny Branham (Attachments: #1 Memorandum in Support, #2 Proposed Order)(RCB) |
| Filing 4 NOTICE OF FILING by Johnny Branham re #1 Complaint (Attachments: #1 Exhibit Andrus Stipulation, #2 Exhibit Conn Plea, #3 Exhibit Daugherty Plea, #4 Exhibit Unfavorable, #5 Exhibit McGill)(Pillersdorf, Ned) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Johnny Branham (Attachments: #1 Proposed Order)(RCB) |
| Filing 1 COMPLAINT filed by Johnny Branham. (No Process Necessary). (RCB) (Additional attachment(s) added on 1/9/2024: #1 Exhibit - Andrus Plea, #2 Exhibit - Conn Plea, #3 Exhibit - Daugherty Plea, #4 Exhibit - Unfavorable Decision, #5 Exhibit - Affidavit of Michael McGill, #6 Civil Cover Sheet) (RCB). |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #3 MOTION for Leave to Proceed in forma pauperis by Johnny Branham (RCB) |
| Conflict Check run. (RCB) |
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| Plaintiff: Johnny Branham | |
| Represented By: | Ned Pillersdorf |
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| Defendant: Commissioner of SSA | |
| Represented By: | Cheryl D. Morgan, AUSA |
| Represented By: | Daniel Stice Tarabelli |
| Represented By: | Laura Hope Holland |
| Represented By: | Chad Muir, DOJ |
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