Spengler v. Social Security Administration
| Michael R. Spengler |
| Social Security Administration |
| 1:2020cv03956 |
| August 21, 2020 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Steven M Gold |
| Mandamus & Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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| Document Text |
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| CASE: 1:20-cv-03956 DETAILS: Case transferred from New York Eastern has been opened in CENTRAL DISTRICT OF CALIFORNIA as case 2:20-cv-07992, filed 09/01/2020. (Marziliano, August) |
Filing 6
ORDER, Accordingly, the Court directs the Clerk of Court to transfer this case to the United States District Court for the Central District of California. See 28 U.S.C. 1406(a).The Court's Order dated August 26, 2020, granting IFP, setting a schedule, and directing service is VACATED. (Order dated Aug. 26, 2020, Docket Entry No. 4.) The Summons issued on August 27, 2020 by the Clerk of Court is also VACATED. (Summons, Docket Entry No. 5.)The Court offers no opinion on the merits of the Complaint and Plaintiffs pending IFP application is reserved for the transferee court. The Court waives the provision of Local Rule 83.1, which requires a seven day stay. The Clerk of Court is directed to close this case upon transfer and mail a copy of this Order to Plaintiff at the address of record. Case transferred to the United States District Court for the Central District of California. Original file sent Via ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Ordered by Judge Margo K. Brodie on 8/28/20. (Piper, Francine)
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| Filing 5 SUMMONS ISSUED as to Commissioner of Social Security. (Courtesy copies of the Court's 8/26/2020 Order, Summons and Plaintiff's Complaint sent to the United States Attorney General; United States Attorney for the Eastern District of New York; and General Counsel at SSA.) (Latka-Mucha, Wieslawa)VACATED pursuant to #6 Order of Judge Brodie. This entry has been modified on September 1, 2020 to indicate order #5 has been vacated. Modified on 9/1/2020 (Piper, Francine). |
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Filing 4
ORDER: Plaintiff is granted #2 leave to proceed in forma pauperis. The United States Marshals Service is directed to serve the summons and complaint upon Defendant without prepayment of fees. Defendant shall proceed promptly to obtain the administrative record of the proceedings below and shall file the record by the date set forth below, unless an extension is granted by order of the Court for good cause. Defendant shall file the administrative record, which will constitute Defendant's answer, or otherwise move against the complaint on or before 10/21/2020. Plaintiff shall file and serve a motion for judgment on the pleadings by 11/18/2020. Defendant shall file and serve a response to Plaintiff's motion, which response must contain a full recitation of the relevant facts and underlying administrative proceedings, by 12/16/2020; and Plaintiff shall file and serve its reply, if any, by 1/13/2021. SO ORDERED by Judge Margo K. Brodie, on 8/26/2020. C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 3 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) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael R. Spengler. (Attachments: #1 PLRA) (Davis, Kimberly) |
| Filing 1 COMPLAINT against Social Security Administration, filed by Michael R. Spengler. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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| Plaintiff: Michael R. Spengler | |
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| Defendant: Social Security Administration | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
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