Gibson v. Commissioner of Social Security
| Jonathan M. Gibson |
| Commissioner of Social Security |
| 2:2021cv05678 |
| October 12, 2021 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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| Document Text |
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Filing 7
SCHEDULING ORDER: Plaintiff filed the complaint on October 12, 2021. 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 (See ATTACHED Order for further details). Ordered by Judge Rachel P. Kovner on 12/10/2021. (Chan, Tsz)
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| Filing 6 SUMMONS Returned Executed by Jonathan M. Gibson. Commissioner of Social Security served on 11/29/2021, answer due 12/20/2021. (Attachments: #1 Summons served Commissioner of Social Security c/o U.S. Attorney General, #2 Summons served Commissioner of Social Security c/o U.S. Attorney) (Osborn, Daniel) |
| Filing 5 Summons Issued as to Commissioner of Social Security, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons-U.S. Attorney, #2 Summons-U.S. Attorney General) (Flanagan, Doreen) |
| CIVIL CASE FILING FEE: $ 402, receipt number ANYEDC-14942891 (Osborn, Daniel) |
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ORDER: Plaintiff's motion at #2 to proceed in forma pauperis is denied. In forma pauperis status exists so that no one need choose between his legal rights and "the necessities of life." Brodsky v. J.P. Morgan Chase & Co., No. 17-cv-5529 (JS) (AYS), 2019 WL 2330857, at *1 (E.D.N.Y. May 31, 2019) (quoting Adkins v. E.I. Du Pont De Nemours & Co., 335 U.S. 331, 339 (1948)). Plaintiff reports monthly income of $5,200 and expenses including $150 per month for landscaping. See Application to Proceed in District Court Without Prepaying Fees or Costs at 2 (Dkt. #2). This application indicates that plaintiff can "pay the filing fee and still have the necessities of life." Ginsberg v. Comm'r of Soc. Sec., No. 21-cv-00207 (JMA), 2021 WL 1428580, at *1 (E.D.N.Y. Apr. 15, 2021). The motion is therefore denied, and plaintiff is directed to pay the filing fee within fourteen days of this Order. Ordered by Judge Rachel P. Kovner on 10/18/2021. (Daus, Benjamin)
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| 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. (Flanagan, Doreen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Case Assigned to Judge Rachel P. Kovner. 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. (Flanagan, Doreen) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jonathan M. Gibson. (Osborn, Daniel) |
| Filing 1 COMPLAINT Jonathan M. Gibson against Commissioner of Social Security Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Jonathan M. Gibson. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Commissioner of Social Security, #3 Proposed Summons Commissioner of Social Security c/o U.S. Attorney General, #4 Proposed Summons Commissioner of Social Security c/o U.S. Attorney) (Osborn, Daniel) |
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| Plaintiff: Jonathan M. Gibson | |
| Represented By: | Daniel Adam Osborn |
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| Defendant: Commissioner of Social Security | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
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