Smith v. Commissioner of Social Security
| Cordel Stephen Smith |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2018cv08177 |
| September 7, 2018 |
| US District Court for the Southern District of New York |
| Barbara C Moses |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Filing 13 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses. (Signed by Judge Richard J. Sullivan on 10/24/2018) (ne) |
| Filing 12 NOTICE OF APPEARANCE by Leslie A. Ramirez-Fisher on behalf of Commissioner of Social Security. (Ramirez-Fisher, Leslie) |
| Filing 11 SUMMONS RETURNED EXECUTED. Document filed by Cordel Stephen Smith. Electronic Certified Administrative Record due by 1/8/2019. (Olinsky, Howard) |
Filing 10
SCHEDULING ORDER: Plaintiff shall file his motion for judgment on the pleadings no later than 30 days after the parties' joint letter is due. The Commissioner shall file and serve her response to the motion for judgment on the pleadings no later than 60 days after plaintiff's motion is due. No later than 21 days after the Commissioner's response is due, plaintiff shall file any reply. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 9/25/2018) (cf)
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| Filing 9 ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security. (pc) |
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Filing 8
ORDER: IT IS HEREBY ORDERED THAT the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before Magistrate Judge Moses. IT IS FURTHER ORDERED THAT, if both parties consent to proceed before Magistrate Judge Moses, counsel for Defendant must, by October 8, 2018, file a fully executed "Notice, Consent, and Reference of a Civil Action to a Magistrate Judge" form to be reviewed by Orders and Judgments with a courtesy copy sent by email to sullivanNYSDchambers@nysd.uscourts.gov or by mail to the Court's chambers in Room 2104 of the Thurgood Marshall United States Courthouse, 40 Foley Square. New York, New York 10007. IT IS FURTHER ORDERED THAT, if either party does not consent to conducting all further proceedings before Magistrate Judge Moses, the parties shall file a joint letter, by October 8, 2018, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/12/2018) (ne)
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Filing 7
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Social Security. Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/12/2018) (rj)
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Filing 6
ORDER: In light of Plaintiff's sworn affidavit (Doc. No. 3), in which he attests that he is not employed and lacks sufficient financial resources to prepay the fees associated with his lawsuit, the Court hereby grants Plaintiff leave to proceed without prepayment of fees. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/12/2018) (rj)
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Filing 5
STANDING ORDER IN RE MOTIONS FOR JUDGMENT ON THE PLEADINGS IN SOCIAL SECURITY CASES (See 16-MISC-171 Standing Order filed April 28, 2016). ORDERED that in all Social Security cases hereafter filed under 42 U.S.C. 405(g) and 42 U.S.C. 1383(c)(3), the defendant shall within 90 days after service file the certified transcript of administrative proceedings, which shall constitute the defendants' answer, or otherwise move against the complaint... that unless otherwise ordered by the judge to whom the case is assigned, in cases where the plaintiff is represented by counsel, the plaintiff shall file a motion for judgment on the pleadings within 60 days of the date on which the defendant files the certified transcript of the administrative proceedings... that in cases where the plaintiff is appearing pro se, the defendant shall file its motion for judgment on the pleadings within 60 days of the date on which the certified transcript of administrative proceedings have been filed... (Signed by Judge Loretta A. Preska on 4/20/2016) (jgo)
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| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Commisioner of Social Security, re: #1 Complaint. Document filed by Cordel Stephen Smith. (Olinsky, Howard) |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Cordel Stephen Smith.(Olinsky, Howard) |
| Filing 2 CIVIL COVER SHEET filed. (Olinsky, Howard) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Cordel Stephen Smith. (Attachments: #1 Exhibit A: Notice of Appeals Council Action)(Olinsky, Howard) |
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