Stephens v. Commissioner of Social Security
| Patricia Stephens |
| Commissioner of Social Security and Commissioner of Social Security Administration |
| 1:2023cv08310 |
| November 7, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Hector Gonzalez |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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This docket was last retrieved on December 26, 2023. A more recent docket listing may be available from PACER.
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Filing 7
ORDER: For the reasons stated in the accompanying Order, Plaintiff's complaint is dismissed, without prejudice, for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B). In light of this Court's duty to liberally construe pro se complaints, Plaintiff is given thirty (30) days from the date of this Order to file an amended complaint. The amended complaint must state the facts that support Plaintiff's case, including what final decision by the Social Security Administration Plaintiff is seeking to be reviewed by a federal court. All further proceedings shall be stayed for 30 days. If Plaintiff does not file an amended complaint within the time allowed or show good cause for an extension of time, the Court shall direct the Clerk of Court to enter judgment and close this case. The Court certifies pursuant to 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. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to mail a copy of this Order along with a General Complaint form to the pro se Plaintiff and note service on the docket. Plaintiff may contact the City Bar Justice Center's Federal Pro Se Legal Assistance Project at 212-382-4729, for free, confidential, limited-scope legal assistance. Ordered by Judge Hector Gonzalez on 12/26/2023. (PN)
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| Filing 6 CERTIFICATE OF SERVICE by Commissioner of Social Security Administration (Dun Rappaport, Hugh) |
| Filing 5 NOTICE of Appearance by Hugh Dun Rappaport on behalf of Commissioner of Social Security Administration (aty to be noticed) (Dun Rappaport, Hugh) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Patricia Stephens. (JVC) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
| Notice: Social Security Case Service. Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk has issued a Notice of Electronic Case Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system, notifying the appropriate Regional Social Security Administration's Office of General Counsel and the United States Attorney's Office of the case.No summons shall issue. Commissioner of Social Security served on 11/9/2023, answer due 1/8/2024. (KD) |
| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. c/m to pro se petitioner on 11/08/2023 - DMB (KD) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Patricia Stephens. (Attachments: #1 Civil Cover Sheet) (KD) |
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