Lowery v. Social Security Administration
| Robert Gene Lowery |
| Social Security Administration |
| 1:2024cv00817 |
| August 15, 2024 |
| US District Court for the District of New Mexico |
| Laura Fashing |
| William P Johnson |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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| Filing 12 NOTICE of Appearance by Michelle Verdis on behalf of Social Security Administration (Verdis, Michelle) |
| Filing 11 NOTICE: The parties are notified that effective December 1, 2022, the Federal Rules of Civil Procedure were amended to add Supplemental Rules for Social Security cases filed under 42 U.S.C 405(g). Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk hereby transmits a Notice of Electronic Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system to the Social Security Administration's Office of General Counsel and to the United States Attorney's Office, notifying the Commissioner of the Social Security Administration of the filing of a Complaint in this action. The parties should review and comply with these rules in full. In relevant part, the rules result in the following changes: 1. Eliminate the need for service under FED. R. CIV. P. 4. Instead, the Court will transmit a Notice of Electronic Filing to the SSA's Office of General Counsel and the USAO for the district where the action is filed.2. Require the Commissioner to file the administrative record within 60 days of receipt of the Notice of Electronic Filing.3. Require the parties to adhere to the following briefing schedule: - Plaintiff's brief due 30 days after answer/administrative record filed and served. - Commissioner's response due 30 days after Plaintiff's brief filed and served. - Plaintiff's reply due 14 days after the Commissioner's response filed and served. Social Security Administration answer due 11/24/2024. (eh)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 10
ORDER by Magistrate Judge Laura Fashing withdrawing PFRD and granting #2 Motion for Leave to Proceed in forma pauperis.In light of the #9 additional information provided by plaintiff, the Court withdraws its #7 Proposed Findings and Recommended Disposition and grants plaintiff leave to proceed in forma pauperis. IT IS HEREBY ORDERED that this action is authorized to proceed without the prepayment of the filing fee, costs, or security therefore, pursuant to 28 U.S.C. 1915. The Clerk is directed to transmit the required Notice pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g).[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (lj)
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| Filing 9 OBJECTIONS to #7 Report and Recommendations Denying Motion to Proceed In Forma Pauperis by Robert Gene Lowery. (Johnson, Laura) |
| Filing 8 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 4. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) |
| Filing 7 PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by Magistrate Judge Laura Fashing. Objections to PF&RD due by 9/12/2024. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (lj) |
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Filing 6
ORDER REFERRING CASE to Magistrate Judge Laura Fashing by Chief District Judge William P. Johnson. (gr)
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| Filing 5 PLEASE TAKE NOTICE that this case has been reassigned to Chief District Judge William P. Johnson and Magistrate Judge Laura Fashing as the trial and pretrial judges. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) |
| Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Robert Gene Lowery. (Johnson, Laura) |
| Filing 1 COMPLAINT against Social Security Administration ( Filing Fee - Waived), filed by Robert Gene Lowery. (Attachments: #1 Civil Cover Sheet)(Johnson, Laura) |
| United States Magistrate Judge Laura Fashing assigned. (bc) |
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| Defendant: Social Security Administration | |
| Represented By: | Michelle Verdis |
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| Plaintiff: Robert Gene Lowery | |
| Represented By: | Laura J. Johnson |
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