Alveira v. Commissioner of Social Security
| James Alveira |
| Commissioner of Social Security |
| 1:2020cv02780 |
| June 23, 2020 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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Filing 6
ORDER: The parties are directed to adhere to the following procedure, which the Eastern District of New York Board of Judges has adopted for expediting the disposition of Social Security cases: Defendant shall proceed promptly to obtain the administrative record of the proceedings below, and shall file the record by October 14, 2020, unless an extension is granted by the Court for good cause; Plaintiff shall file and serve a motion for judgment on the pleadings by November 30, 2020; Defendant shall file and serve its response to Plaintiff's motion, which response must contain a full recitation of the relevant facts and underlying administrative proceedings, by January 14, 2021; and Plaintiff shall file and serve a reply, if any, by January 29, 2021. Ordered by Judge Eric R. Komitee on 7/16/2020. (Guy, Alicia)
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| CIVIL CASE FILING FEE: $ 400, receipt number ANYEDC-13059374 (Klee, Jonathan) |
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ORDER denying #3 Motion for Leave to Proceed in forma pauperis -- Plaintiff James Alveira filed the instant action on June 23, 2020. He did not pay the filing fee to commence this action, but did submit an application to proceed in forma pauperis (IFP). However, the application does not allege indigency that would entitle Plaintiff to proceed without the prepayment of fees. Under 28 U.S.C. 1914, the filing fee to commence a civil action is $350, with an additional administrative fee of $50, for a total fee of $400. Under 28 U.S.C. 1915, the Court may waive the filing fee upon finding a plaintiff indigent. In the request to proceed IFP, Plaintiff indicates that he receives monthly income of at least $1,965 and has monthly expenses of $800. Mot. for IFP at 1, ECF No. #3 . He indicates $18,618 held in cash and bank accounts. Id. at 2. Plaintiff states that he does not have any dependents. Id. at 2. Based on this information, the Court finds that Plaintiffs financial declarations do not support a showing of indigency, and thus the application to proceed IFP is denied. Should Plaintiff wish to proceed with this lawsuit, he may pay the filing fee of $400 to the Clerk of Court of the Eastern District of New York no later than July 20, 2020. If Plaintiff fails to submit the filing fee within the time allowed, or to present credible evidence of indigency, the action shall be dismissed without prejudice. Ordered by Judge Eric R. Komitee on 7/6/2020. (Guy, Alicia)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Case Assigned to Judge Eric R. Komitee. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 3 First MOTION for Leave to Proceed in forma pauperis by James Alveira. (Klee, Jonathan) |
| Filing 2 Proposed Summons. Re #1 Complaint by James Alveira (Klee, Jonathan) |
| Filing 1 COMPLAINT against Commissioner of Social Security Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by James Alveira. (Attachments: #1 Exhibit Appeals Council Denial, #2 Civil Cover Sheet) (Klee, Jonathan) |
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| Defendant: Commissioner of Social Security | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
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| Plaintiff: James Alveira | |
| Represented By: | Jonathan R. Klee |
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