Okocha v. Disman

Okocha v. Disman

Plaintiff:	Basil Okocha
Defendant:	Beatrice Disman
Case Number:	1:2011cv01854
Filed:	March 14, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	James L. Cott
Presiding Judge:	Laura Taylor Swain
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
January 15, 2013	Filing 50 ORDER denying 33 Motion to Reopen; granting 36 Motion to Dismiss. Defendant's motion is granted. Plaintiffs amended complaint is dismissed, and Plaintiffs preliminary injunction motion is denied, for lack of subject matter jurisdiction. Thi s decision is without prejudice to Plaintiffs ability to file a new complaint for benefits after he has exhausted his administrative remedies. Because there is no jurisdictional basis for Plaintiffs punitive damages claim, any such new complaint shou ld not include a claim for punitive damages. This Order resolves docket entry numbers 33 and 36. The Clerk of Court is requested to enter judgment accordingly and to 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. See Coppedge v. United States, 369 U.S. 438,444-45 (1962). (Signed by Judge Laura Taylor Swain on 1/15/2013) (ft) Modified on 1/15/2013 (ft).
September 9, 2011	Filing 27 ORDER: accordingly, the Court accepts the Report's Recommendation. the Complaint is hereby dismissed without prejudice to the Plaintiff filing a new complaint following the conclusion of his administrative proceedings before the Social security Administration. the Clerk of Court is hereby requested to enter judgment accordingly 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. So OrderedCopies mailed by Chambers (Signed by Judge Laura Taylor Swain on 9/9/11) (js)

Date Filed

Document Text

January 15, 2013

Filing 50 ORDER denying 33 Motion to Reopen; granting 36 Motion to Dismiss. Defendant's motion is granted. Plaintiffs amended complaint is dismissed, and Plaintiffs preliminary injunction motion is denied, for lack of subject matter jurisdiction. Thi s decision is without prejudice to Plaintiffs ability to file a new complaint for benefits after he has exhausted his administrative remedies. Because there is no jurisdictional basis for Plaintiffs punitive damages claim, any such new complaint shou ld not include a claim for punitive damages. This Order resolves docket entry numbers 33 and 36. The Clerk of Court is requested to enter judgment accordingly and to 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. See Coppedge v. United States, 369 U.S. 438,444-45 (1962). (Signed by Judge Laura Taylor Swain on 1/15/2013) (ft) Modified on 1/15/2013 (ft).

September 9, 2011

Filing 27 ORDER: accordingly, the Court accepts the Report's Recommendation. the Complaint is hereby dismissed without prejudice to the Plaintiff filing a new complaint following the conclusion of his administrative proceedings before the Social security Administration. the Clerk of Court is hereby requested to enter judgment accordingly 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. So OrderedCopies mailed by Chambers (Signed by Judge Laura Taylor Swain on 9/9/11) (js)

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Defendant: Beatrice Disman
Represented By:	Susan Colleen Branagan
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
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Plaintiff: Basil Okocha
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