Holcomb v. Social Security Administration
| Glynda Holcomb |
| Social Security Administration and Kilolo Kijakazi |
| SSA-Office of the General Counsel |
| 2:2023cv01238 |
| August 8, 2023 |
| US District Court for the District of Nevada |
| Brenda Weksler |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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| Filing 42 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/5/2023. ORDER denying #41 Motion for Immediate Payment filed by Glynda Holcomb. In this action, the Court is charged with determining whether substantial evidence supported the determination of the administrative law judge ("ALJ") that Defendant was not disabled. In order to obtain relief, she must demonstrate where the ALJ erred, citing specifically to the record to show the Court where the ALJ failed to credit evidence in the record or misjudged the persuasiveness of medical opinions. The Court is limited to reviewing what happened at the hearing level. The Court has already instructed Plaintiff how to handle new evidence and how to procedurally move along the case. See ECF No. 37. The Court will not consider the Social Security Administration's payment of benefits unless a determination in Plaintiff's favor has been made. (no image attached) (Copies have been distributed pursuant to the NEF - BXS) |
| Filing 41 MOTION for Immediate Critical Pay by Plaintiff Glynda Holcomb. Responses due by 10/17/2023. (AMMi) |
| Filing 40 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/3/2023. ORDER denying #39 Motion filed by Glynda Holcomb.Presently before the Court is Plaintiffs Request for the Court (ECF No. 39). To the extent that Plaintiff seeks an immediate order granting her relief it is denied. Instead, the Request reads more like a series of questions for the Court. However, the Court is precluded from providing legal advice to the parties. However, most of the answers sought by Plaintiff can be found in the Courts prior order (ECF No. 38), which appears to have been entered after Plaintiff filed her motion but before it was docketed. That order should guide Plaintiffs actions in this case. For the Court to take action either party must file a motion that is clearly labeled as a motion, clearly state the relief sought and must include specific points and authorities that supports the position of the party. The Court will not consider any argument that is not contained in the briefing of the parties (no image attached) (Copies have been distributed pursuant to the NEF - BXS) |
| Filing 38 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/27/2023. ORDER finding as moot #36 Motion. The Court having entered the scheduling order #37 finds that Plaintiff's motion is moot. The contact information for the Government attorneys is on the docket. (no image attached) (Copies have been distributed pursuant to the NEF - BXS) |
| Filing 39 MOTION for the Court to Render a Decision in Favor of the Plaintiff by Plaintiff Glynda Holcomb. Responses due by 10/10/2023. (AMMi) |
Filing 37
ORDER. IT IS HEREBY ORDERED that Defendant, if not already done, file the administrative record, under seal, in CM/ECF within seven days of the filing of this Order. IT IS FURTHER ORDERED that if Plaintiff requests a remand of this case on the basis of new evidence, then Plaintiff must, within thirty days of the filing of this Order, file a motion to remand based on new evidence. IT IS FURTHER ORDERED that if Plaintiff does not file a motion for remand on the basis of new medical evidence, the Plaintiff must, within thirty days of the filing of this Order, file a motion for reversal and/or remand. IT IS FURTHER ORDERED that a partys failure to file a motion or points and authorities required by this Order may result in dismissal of the action or reversal of the Commissioner of Social Securitys decision. See order for further details. Signed by Magistrate Judge Brenda Weksler on 9/26/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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| Filing 36 MOTION to have Defendant's Attorney Brian T. Welsh to confer with Plaintiff by Plaintiff Glynda Holcomb. Responses due by 10/5/2023. (AMMi) |
| Filing 35 NOTICE of Manual Filing by Defendant Kilolo Kijakazi.,, Description: Social Security Administrative Record, manually filed with the Magistrate Judge's chambers. (Welsh, Blaine) |
| Filing 34 CERTIFIED ADMINISTRATIVE RECORD (CAR) filed by Defendant Kilolo Kijakazi. (Electronic access to the CAR is restricted to case participants only.) (Attachments: #1 Exhibit Administrative Record) (Welsh, Blaine) |
| Filing 33 NOTICE of Appearance by attorney Blaine T Welsh on behalf of Defendant Kilolo Kijakazi. (Welsh, Blaine) |
| Filing 32 STATUS REPORT by Plaintiff Glynda Holcomb. (ALZ) |
| Filing 31 STATUS REPORT by Defendant Social Security Administration.. (Mullen, Michael) |
| Filing 30 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 8/18/2023. ORDER denying #28 Motion; Re: #28 Motion filed by Glynda Holcomb. Plaintiff's motion to "deny, refuse, and abort all transfers of my claim and/or case to any Administrative Law Judge (ALJ)", ECF No. 28, is DENIED. Generally, it is not necessary to place the substance of settlement discussions on the record. Since there is no pending transfer of Plaintiff's action, there is no action for the Court to take. (no image attached) (Copies have been distributed pursuant to the NEF - BXS) |
| Filing 29 NOTICE of Appearance by attorney Michael James Mullen on behalf of Defendant Social Security Administration. (Mullen, Michael) |
| Filing 28 MOTION to Deny, Refuse, and Abort All Transfers of Claim by Plaintiff Glynda Holcomb. Responses due by 8/30/2023. (AMMi) |
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Filing 27
ORDER. IT IS ORDERED that #25 and #26 Motion for Pro Se Litigant to File Electronically are GRANTED. Signed by Magistrate Judge Brenda Weksler on 8/16/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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| Filing 26 MOTION for Pro Se Litigant to File Electronically by Plaintiff Glynda Holcomb. Responses due by 8/28/2023. (CT) |
| Filing 25 MOTION for Pro Se Litigant to File Electronically by Plaintiff Glynda Holcomb. Responses due by 8/25/2023. (CT) |
| Filing 24 ADVISORY LETTER to litigant. NOTICE of assignment of case to a United States Magistrate Judge and consent form. (Attachments: #1 Consent form) (CT) Main Document 24 replaced to correct case caption on PDF on 8/10/2023. NEF regenerated. (ABG) |
| Filing 23 CLERK'S NOTICE. It is requested that Plaintiff review Local Rule IA 10-2 regarding the Required Format for Filed Documents. Plaintiff's filings shall include Plaintiff's name, mailing address, phone number, and email address. (no image attached) (EDS) |
| Filing 22 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 8/8/2023. By Deputy Clerk: C. Torres.This action was received on* 06/30/2023* pursuant to a court order directing transfer from the* Eastern Pennsylvania* and assigned case number 2:23-cv-01238-BNW. All future documents must bear said correct case number. Verified Petition due by 8/22/2023. Joint Status Report due by 9/7/2023. (Copies have been distributed pursuant to the NEF - CT) |
| Filing 21 Case transferred in from District of Pennsylvania Eastern; Case Number 2:23-cv-01133. Original file with transfer order and docket sheet received. |
| Case randomly assigned to Magistrate Judge Brenda Weksler. (CT) |
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Filing 20
ORDER THAT MOTION TO CHANGE VENUE IS GRANTED. THE CASE IS TRANSFERRED TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 6/30/23. 6/30/23 ENTERED AND COPIES E-MAILED.(rf, ) [Transferred from Pennsylvania Eastern on 8/8/2023.]
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Filing 19
ORDER THAT MOTIONS (DOCS. 2, 7 & 8) ARE DENIED AS MOOT. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 6/30/23.6/30/23 ENTERED AND COPIES E-MAILED.(rf, ) [Transferred from Pennsylvania Eastern on 8/8/2023.]
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| Filing 18 MOTION to Change Venue filed by SOCIAL SECURITY ADMINISTRATION.Certificate of Service, Proposed Order.(Montgomery, Delores) [Transferred from Pennsylvania Eastern on 8/8/2023.] |
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Filing 17
ORDER THAT DEFENDANTS MOTION FOR MORE DEFINITIVE STATEMENT (DOC. 15), IN WHICH DEFENDANT REQUESTS THE COURT TO REQUIRE PLAINTIFF TO IDENTIFY HER CITY AND STATE OF RESIDENCE, IS DENIED. THE COURT PREVIOUSLY ORDERED PLAINTIFF TO PROVIDE HER CITY AND STATE OF RESIDENCE WHEN REQUIRING PLAINTIFF TO EITHER PAY THE FILING FEE OR COMPLETE AN IN FORMA PAUPERIS MOTION (DOC. 5). IN RESPONSE, PLAINTIFF FILED THE APPLICATION TO PROCEED IN FORMA PAUPERIS, IN WHICH PLAINTIFF IDENTIFIED HER CITY AND STATE OF LEGAL RESIDENCE AS LAS VEGAS, NEVADA. (DOC. 6 12). SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 6/27/23.6/27/23 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2023.]
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| Filing 16 REQUEST FOR DOCUMENT 15 by GLYNDA HOLCOMB. (Attachments: #1 COVER LETTER)(jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2023.] |
| Filing 15 MOTION for More Definite Statement filed by SOCIAL SECURITY ADMINISTRATION.Certificate of Service, Proposed Order.(Montgomery, Delores) [Transferred from Pennsylvania Eastern on 8/8/2023.] |
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Filing 14
ORDER THAT PLAINTIFF IS DEEMED TO HAVE CONSENTED TO THE JURISDICTION OF A MAGISTRATE JUDGE AND THE ASSIGNED MAGISTRATE JUDGE WILL EXERCISE JURISDICTION FOR ALL PURPOSES UNDER 28 U.S.C. 636(C). SEE ROELL V. WITHROW, 538 U.S. 580 (2003). SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 4/27/23. 4/27/23 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2023.]
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| Filing 13 Procedural Order 4/27/23 Entered and copies e-mailed. (jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2023.] |
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Filing 12
ORDERE THAT LEAVE TO PROCEED IN FORMA PAUPERIS (DOC. 6) IS GRANTED. 2. THE COMPLAINT IS DEEMED FILED. 3. THE CLERK OF COURT SHALL SERVE THE SUMMONSES AND THE COMPLAINT IN ACCORDANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 4(I) BY ELECTRONIC MEANS VIA THE COURTS CASE MANAGEMENT/ELECTRONIC CASE FILES SYSTEM (CM/ECF), UPON: THE OFFICE OF THE REGIONAL CHIEF COUNSEL, REGION III, SOCIAL SECURITY ADMINISTRATION; THE UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT OF PENNSYLVANIA; AND THE UNITED STATES ATTORNEY GENERAL.1 4. THE CLERKS OFFICE WILL ENSURE THAT CM/ECF NOTIFICATIONS INDICATING THAT THE COMPLAINT HAS BEEN FILED, AND SUMMONSES HAVE BEEN ISSUED, ARE SENT TO THE UNITED STATES ATTORNEYS OFFICE AND THE OFFICE OF GENERAL COUNSEL. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 4/27/23.4/27/23 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2023.]
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| Service made electronically as to the Commissioner of Social Security and the United States Attorney for the Eastern District of Pennsylvania. (jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2023.] |
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Filing 11
ORDER THAT PLAINTIFF SHALL FILE THE FORM (ATTACHED) WITHIN TEN (10) DAYS OF THE DATE OF THIS ORDER. FAILURE TO COMPLETE AND FILE THE FORM AS ORDERED HEREIN SHALL BE DEEMED CONSENT TO THE JURISDICTION OF A MAGISTRATE JUDGE AND THE ASSIGNED MAGISTRATE JUDGE WILL EXERCISE JURISDICTION FOR ALL PURPOSES UNDER 28 U.S.C. 636(C). SEE ROELL V. WITHROW, 538 U.S. 580 (2003). IT IS FURTHER ORDERED THAT THE CLERKS OFFICE SHALL PROVIDE A COPY OF THIS ORDER AND THE ATTACHED FORM TO PLAINTIFF AT THE EMAIL ADDRESS WHICH APPEARS ON THE DOCKET, AND NOT MERELY VIA ECF. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 4/13/23. 4/13/23 ENTERED AND COPIES E-MAILED AND EMAILED CONSENT FORM TO PLAINTIFF.(jaa, ) Modified on 4/14/2023 (jaa, ). [Transferred from Pennsylvania Eastern on 8/8/2023.]
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| Filing 10 Letter dated 4/11/23 by GLYNDA HOLCOMB (Attachments: #1 RESPONSE LETTER)(jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2023.] |
| Filing 9 NOTICE of Appearance by Delores Montgomery on behalf of SOCIAL SECURITY ADMINISTRATION (Montgomery, Delores) [Transferred from Pennsylvania Eastern on 8/8/2023.] |
| Filing 8 MOTION TO ADMIT LOCAL EVIDENCE filed by GLYNDA HOLCOMB. (Attachments: #1 COVER LETTER)(jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2023.] |
| Filing 7 MOTION TO HAVE CM/ECF IN DISTRICT filed by GLYNDA HOLCOMB. (Attachments: #1 COVER LETTER)(jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2023.] |
| Filing 6 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS filed by GLYNDA HOLCOMB.(jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2023.] |
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Filing 5
ORDER THAT PLAINTIFF SHALL EITHER PAY THE FILING FEE OR COMPLETE THE COURTS FORM MOTION TO PROCEED IN FORMA PAUPERIS (ATTACHED HERETO) WITHIN 20 DAYS OF THE ENTRY OF THIS ORDER. IT IS FURTHER ORDERED THAT PLAINTIFF SHALL PROVIDE THE COURT WITH HER ADDRESS, INCLUDING THE CITY AND STATE OF HER RESIDENCE. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN DISMISSAL OF THE CASE. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 3/24/23. 3/24/23 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2023.]
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| Filing 4 Social Security Notice of Case Assignment (Attachments: #1 CONSENT)(jaa, ) (Attachment 1 replaced on 3/24/2023) (jaa, ). [Transferred from Pennsylvania Eastern on 8/8/2023.] |
| Filing 3 PRO SE NOTICE RE:GUIDELINES (jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2023.] |
| Filing 2 MOTION FOR APPOINTMENT OF COUNSEL filed by GLYNDA HOLCOMB.(jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2023.] |
| Filing 1 COMPLAINT against SOCIAL SECURITY ADMINISTRATION, filed by GLYNDA HOLCOMB. (Attachments: #1 COVER LETTER)(jaa, ) *NO IFP OR FILING FEE. Modified on 3/23/2023 (jaa, ). [Transferred from Pennsylvania Eastern on 8/8/2023.] |
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