Papadopoulos v. Commissioner of Social Security

Justia Dockets & Filings Second Circuit New York Southern District Papadopoulos v. Commissioner of Social Security

Papadopoulos v. Commissioner of Social Security

Plaintiff:	Gregory Papadopoulos
Defendant:	Commissioner of Social Security
Case Number:	1:2010cv07980
Filed:	October 13, 2010
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Unassigned
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
November 2, 2011	Filing 27 OPINION: Accordingly, because this Court lacks subject matter jurisdiction over Plaintiff's FTCA claim, that claim is dismissed. Because Plaintiff's causes of action under the FTCA, Bivens, Section 1983, and RICO fail as a matter of law, Pl aintiffs motion for summary judgment as to those claims is denied and those claims are dismissed. The Court therefore does not reach Defendant's alternative contention that Plaintiff's non-Social Security claims should be dismissed as frivolous. For the reasons set forth above, this case is remanded for further evidentiary proceedings and Plaintiff's non-Social Security claims are dismissed.(Signed by Judge Robert W. Sweet on 11/1/2011) (djc) Modified on 11/2/2011 (djc).

Date Filed

Document Text

November 2, 2011

Filing 27 OPINION: Accordingly, because this Court lacks subject matter jurisdiction over Plaintiff's FTCA claim, that claim is dismissed. Because Plaintiff's causes of action under the FTCA, Bivens, Section 1983, and RICO fail as a matter of law, Pl aintiffs motion for summary judgment as to those claims is denied and those claims are dismissed. The Court therefore does not reach Defendant's alternative contention that Plaintiff's non-Social Security claims should be dismissed as frivolous. For the reasons set forth above, this case is remanded for further evidentiary proceedings and Plaintiff's non-Social Security claims are dismissed.(Signed by Judge Robert W. Sweet on 11/1/2011) (djc) Modified on 11/2/2011 (djc).

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Plaintiff: Gregory Papadopoulos
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Defendant: Commissioner of Social Security
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