Kenner v. Commissioner of Social Security
| Athena Kenner |
| Commissioner of Social Security and Commissioner of Social Security Administration |
| 1:2023cv08220 |
| November 6, 2023 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.
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ORDER: Plaintiff's #10 motion to proceed in forma pauperis is granted. Ordered by Judge Rachel P. Kovner on 12/27/2023. (SP)
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SCHEDULING ORDER: Defendant shall file the certified administrative record and any affirmative defenses by 2/26/2024. Plaintiff shall file a brief for the requested relief by 3/27/2024. Defendant shall file a response by 4/26/2024. Plaintiff shall file a reply, if any, by 5/10/2024. Ordered by Judge Rachel P. Kovner on 12/27/2023. (SP)
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| Filing 10 MOTION for Leave to Proceed in forma pauperis by Athena Kenner. (IH) |
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ORDER: On 11/9/2023, the Court denied plaintiff's #2 application to proceed in forma pauperis and directed plaintiff to file a revised IFP application by 11/30/2023. The deadline has passed, and nothing has been filed. The Court sua sponte grants plaintiff a nunc pro tunc extension to either file a revised IFP application or pay the filing fee by 12/22/2024. If plaintiff fails to do so, the case may be dismissed without prejudice. Ordered by Judge Rachel P. Kovner on 12/8/2023. (SP)
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ORDER: Plaintiff's #2 application to proceed in forma pauperis is denied without prejudice because it does not provide sufficient information to permit the Court to determine whether plaintiff is indigent. Plaintiffs application indicates that she receives public assistance but does not specify the amount of public assistance she receives. Accordingly, if plaintiff wishes to proceed in forma pauperis, plaintiff is directed to file, on or before 11/30/2023, a revised IFP application that specifies the amount of any public assistance or government benefits she receives. If plaintiff fails to do, the case may be dismissed without prejudice. The Clerk of Court is directed to mail a copy of this docket order and of the IFP Application to plaintiff. Ordered by Judge Rachel P. Kovner on 11/9/2023.
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| Filing 9 CERTIFICATE OF SERVICE by Commissioner of Social Security re #8 Notice of Appearance Immigration/Social Security Cases (Dun Rappaport, Hugh) |
| Filing 8 NOTICE of Appearance by Hugh Dun Rappaport on behalf of Commissioner of Social Security (aty to be noticed) (Dun Rappaport, Hugh) |
| Filing 7 Case transferred in from District of New York Southern; Case Number 1:23-cv-09421. Original file certified copy of transfer order and docket sheet received. |
| MAILING RECEIPT: Document No: 5. Mailed to: Athena Kenner 785 Schenck Avenue Apt. 3C Brooklyn, NY 11207. (sha) [Transferred from New York Southern on 11/6/2023.] |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 11/6/2023.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(rro) [Transferred from New York Southern on 11/6/2023.] |
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Filing 6
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. 28 U.S.C. 1406(a). Whether Plaintiff should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes the case in the Southern District of New York. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Laura Taylor Swain on 10/30/2023) (rro) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 11/6/2023.]
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| Filing 5 NOTICE OF APPEARANCE by Nahid Sorooshyari on behalf of Commissioner of Social Security..(Sorooshyari, Nahid) [Transferred from New York Southern on 11/6/2023.] Modified on 11/6/2023 (KD). |
| MOTION for Leave to Proceed in forma pauperis See document #2 by Athena Kenner. (KD) |
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Filing 3
STANDING ORDER IN RE BRIEFING OF SOCIAL SECURITY CASES (See 22-MISC-329 Standing Order filed November 21, 2022). WHEREAS, cases filed on and after December 1, 2022 under 42 U.S.C. 405(g), seeking judicial review on the record of final decisions by the Commissioner of Social Security ("Commissioner") denying applications for social security benefits, are governed by the simplified procedures set forth in the Supplemental Rules for Social Security Actions ("Supplemental Rules" or "Supp. R.");... in order to ensure the efficient disposition of cases subject to the Supplemental Rules, it is hereby ORDERED that, prior to seeking an extension of any deadline set forth in Supp. R. 4, 6, 7, or 8, the party seeking such extension shall attempt to meet and confer with the opposing party in a good faith effort to agree upon a reasonable and comprehensive schedule for all future filings in the case. If the parties reach agreement, the proposed schedule shall be presented to the Court for approval and, if approved, will govern all remaining proceedings in the case.... (Signed by Judge Laura Taylor Swain on 11/18/2022) (sac) Modified on 10/26/2023 (sac). [Transferred from New York Southern on 11/6/2023.]
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| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Athena Kenner. (sac) [Transferred from New York Southern on 11/6/2023.] |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Athena Kenner. (sac) [Transferred from New York Southern on 11/6/2023.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 11/6/2023.] |
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