Perkins v. Commissioner of Social Security
| Claudette Perkins |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2018cv08572 |
| September 19, 2018 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Gabriel W Gorenstein |
| Colleen McMahon |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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| Filing 11 NOTICE OF APPEARANCE by Mary Ellen Brennan on behalf of Commissioner of Social Security. (Brennan, Mary) |
Filing 10
INFORMATION PACKAGE MAILED to Claudette Perkins at 200 West 112th Street, Apt. 2B, New York, NY 10026, on 10/19/2018 Re: #8 Order of Service - Social Security, via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), in social security cases only, a flyer about pro bono attorneys available through the New York County Lawyers' Association. (sbr)
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| Mailed a copy of #8 Order of Service - Social Security, to Claudette Perkins 200 W 112th Street Apt. 2B New York, NY 10026. (aea) |
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Filing 9
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 Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/18/2018) (ne)
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Filing 8
ORDER OF SERVICE: The Clerk of Court shall notify the U.S. Attorney's Office for the Southern District of New York of the filing of this pro se case, brought pursuant to 42 U.S.C. 405(g), for which the filing fee has been waived. In accordance with this District's Standing Order governing pro se challenges to denials of social security benefits (see In re: Mots. J. Pleadings Social Sec. Cases, 16-MC-0171), the following briefing schedule applies: Within 90 days service, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioner's answer, or otherwise move against the complaint. If the Commissioner wishes to file a motion for judgment on the pleadings, the Commissioner must do so within 60 days of the date on which the e-CAR was filed. The motion must contain a full recitation of the relevant facts and a full description of the underlying administrative proceeding. The plaintiff must file an answering brief within 60 days of the filing of the Commissioner's motion. The Commissioner may file a reply within 21 days thereafter. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, 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 the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for Defendant must, within two weeks of the date on which Defendant enters an appearance, either mail or email to Furman_NYSDChambers@nysd.uscourts.gov a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date on which Defendant enters an appearance advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. Electronic Certified Administrative Record due by 1/16/2019. (Signed by Judge Jesse M. Furman on 10/18/2018) (ne) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #6 Order Granting IFP Application, to Claudette Perkins 200 W 112th Street Apt. 2B New York, NY 10026. (aea) |
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Filing 6
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Colleen McMahon on 10/17/2018) (anc) Transmission to Docket Assistant Clerk for processing.
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| Magistrate Judge Gabriel W. Gorenstein 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. (jc) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Colleen McMahon is no longer assigned to the case. (jc) |
| Filing 5 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Claudette Perkins.(sc) |
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Filing 4
ORDER DIRECTING PAYMENT OF FEE OR AMENDED IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an AMENDED IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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). Filing Fee due by 10/22/2018. AMENDED In Forma Pauperis (IFP) Application due by 10/22/2018. (Signed by Judge Colleen McMahon on 9/20/2018) (Attachments: #1 Amended IFP Application)(dmg) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Standing Order re Motions for Judgment on the Pleadings in Social Security Cases, #4 Order Directing Payment of Fee or IFP Application, to Claudette Perkins 200 W 112th Street Apt. 2B New York, NY 10026. (aea) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (jc) |
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Filing 3
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) (rro) Transmission to Docket Assistant Clerk for processing.
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| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Claudette Perkins.(rro) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Claudette Perkins.(rro) |
| Case Designated ECF. (rro) |
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