Nunez v. Commissioner of Social Security
| Javier Nunez |
| Commissioner of Social Security |
| Social Security Administration |
| 7:2019cv00170 |
| January 7, 2019 |
| US District Court for the Southern District of New York |
| Paul E Davison |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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This docket was last retrieved on July 23, 2020. A more recent docket listing may be available from PACER.
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #49 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #49 Notice of Appeal filed by Javier Nunez were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 49 NOTICE OF APPEAL from #47 Order on Motion to Dismiss, #48 Clerk's Judgment. Document filed by Javier Nunez. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Motion for IFP). (tp) |
| Appeal Remark as to #49 Notice of Appeal filed by Javier Nunez. IFP Granted 06/12/2019. (tp) |
| Filing 48 CLERK'S JUDGMENT re: #47 Order on Motion to Dismiss in favor of Commissioner of Social Security against Javier Nunez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated July 13, 2020, the Commissioner's motion for summary judgment is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/13/2020) (Attachments: #1 Right to Appeal) (km) Transmission to Docket Assistant Clerk for processing. |
Filing 47
DECISION AND ORDER. For the reasons set forth above, the Commissioner's motion for summary judgment is GRANTED. The Clerk of the Court is directed to terminate the pending motions (Dkt. #23, #38) and close this case. So ordered. Granting #38 Motion to Dismiss; Granting #23 Motion to Dismiss. (Signed by Magistrate Judge Paul E. Davison on 7/13/2020) Copies mailed 7/13/20 to Plaintiff with printed cases. (rjm). Transmission to Orders and Judgments Clerk for processing.
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| Mailed a copy of #48 Clerk's Judgment, to Javier Nunez 2402 Atlantic Ave. Apt. 4R Brooklyn, NY 11233. (vn) |
| Filing 46 LETTER addressed to Magistrate Judge Paul E. Davison from Javier Nunez re: letter updating e-mail address to nity276@gmai.com. Document filed by Commissioner of Social Security..(ks) |
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Filing 45
ORDER denying #44 Motion to Appoint Counsel. Denied for reasons set forth in Dkt. 43. (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul)
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| Filing 44 APPLICATION FOR THE COURT TO REQUEST PRO BONO COUNSEL. Document filed by Javier Nunez. (jwh) Modified on 5/22/2020 (jwh). |
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Filing 43
ORDER: Accordingly, the district court is directed to screen such applications first by evaluating the applicant's likelihood of success on the merits. Id. If the court concludes that the applicant's claims meet this threshold requirement, then the court is to consider secondary criteria such as "plaintiff's ability to obtain representation independently, and his ability to handle the case without assistance in light of the required factual investigation, the complexity of the legal issues, and the need for expertly-conducted cross-examination to test veracity." Id. Although the Court is unable to evaluate Plaintiff's likelihood of success at this stage, consideration of the secondary criteria described in Cooper indicate that appointment of counsel is not warranted at this time. In actions pursuant to the Social Security Act, the Court's role is limited to "'determin[ing] whether there is substantial evidence supporting the Commissioner's decision and whether the Commissioner applied the correct legal standard.'" Poupore v. Astrue, 566 F.3d 303, 305 (2d Cir. 2009) (quoting Machadio v. Apfel, 276 F.3d 103, 108 (2d Cir. 2002)). Because the Court's role is circumscribed, appointment of counsel is seldom warranted in Social Security cases. See, e.g., Fernandez v. Bowen, 676 F.Supp. 550 (S.D.N.Y. 1988). Plaintiff's request is DENIED WITHOUT PREJUDICE. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 5/20/2020) (ks)
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| Filing 42 LETTER addressed to Magistrate Judge Paul E. Davison from Javier Nunez re: Request Pro Bono Counsel. Document filed by Javier Nunez.(ama) |
| Filing 41 CERTIFICATE OF SERVICE of Revised Notices of Motion, Revised Memorandum of Law, Declaration of Janay Podraza, Text of Rule 56, Unpublished Decisions served on Plaintiff Javier Nunez on April 20, 2020. Service was made by Mail. Document filed by Commissioner of Social Security..(Rovner, Allison) |
| Filing 40 DECLARATION of Janay Podraza in Support re: #38 AMENDED MOTION to Dismiss .. Document filed by Commissioner of Social Security..(Rovner, Allison) |
| Filing 39 AMENDED MEMORANDUM OF LAW in Support re: #38 AMENDED MOTION to Dismiss . . Document filed by Commissioner of Social Security..(Rovner, Allison) |
| Filing 38 AMENDED MOTION to Dismiss . Document filed by Commissioner of Social Security..(Rovner, Allison) |
| Filing 37 MEMO ENDORSEMENT on re: #36 Letter, filed by Commissioner of Social Security. ENDORSEMENT: Commissioner may file a revised motion by 4/20/20. Plaintiff shall have 30 days to respond. Because Plaintiff has not consented to this extension of time, no further extensions of Commissioner's time to file will be granted. (Signed by Magistrate Judge Paul E. Davison on 3/18/2020) ( Motions due by 4/20/2020.) (ks) |
| Filing 36 LETTER addressed to Magistrate Judge Paul E. Davison from Allison Rovner dated March 17, 2020 re: request to revise motion to dismiss. Document filed by Commissioner of Social Security. (Attachments: #1 Certificate of Service).(Rovner, Allison) |
| Filing 35 LETTER from J. Nunez, re: I am refiling documents on case #7:19-cv-00170(as indicated) in Room 105 Pro Se Office of New York, New York. Document filed by Javier Nunez. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(sc) |
| Filing 34 MEMO ENDORSEMENT on re: #33 Letter, filed by Commissioner of Social Security. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Paul E. Davison on 2/14/2020) (ks) |
| Filing 33 LETTER addressed to Magistrate Judge Paul E. Davison from Allison Rovner dated February 14, 2020 re: Smith v. Berryhill, 139 S. Ct. 1765 (2019). Document filed by Commissioner of Social Security. (Attachments: #1 Certificate of Service).(Rovner, Allison) |
| Filing 32 PRO SE MEMORANDUM, dated 2/7/20 re: CHANGE OF ADDRESS for Javier Nunez. New Address: 2402 Atlantic Ave., Brooklyn, New York, 11233. (sc) |
| Filing 31 PRO SE MEMORANDUM, dated 2/2/20 re: CHANGE OF ADDRESS for Javier Nunez. New Address: 193 Sackett Street, Apt. 4R, Brooklyn, New York, 11231. (sc) |
| Filing 30 PRO SE MEMORANDUM dated 1/14/20, re: CHANGE OF ADDRESS for Javier Nunez. New Address: 166 Bleecker Street, Apt. 1R, Brooklyn, New York, 11221. (sc) |
| Filing 29 LETTER addressed to Magistrate Judge Paul E. Davison from Allison Rovner dated November 4, 2019 re: Plaintiff's Oct. 21, 2019 submission. Document filed by Commissioner of Social Security. (Attachments: #1 Certificate of Service)(Rovner, Allison) |
| Filing 28 PRO SE MEMORANDUM, dated 10/31/19 re: CHANGE OF ADDRESS for Javier Nunez. New Address: 1450 Myrtle Ave., Apt. 1, Brooklyn, New York, 11237. (sc) |
| Filing 27 LETTER addressed to Magistrate Judge Paul E. Davison from Javier Nunez, re: Plaintiff informs the Court that the Court granted the Commissioner of Social Security a 30-day extension of time in which to file the Certified Administrative Record, which constitutes the Commissioner's answer in a Social Security case. Document filed by Javier Nunez. (Attachments: #1 Exhibit)(sc) |
| Filing 26 CERTIFICATE OF SERVICE of Notices of Motion, Memorandum of Law, Declaration of Janay Podraza, Text of Rule 56, Unpublished Decisions served on Plaintiff Javier Nunez on October 15, 2019. Service was made by Mail. Document filed by Commissioner of Social Security. (Rovner, Allison) |
| Filing 25 DECLARATION of Janay Podraza in Support re: #23 MOTION to Dismiss .. Document filed by Commissioner of Social Security. (Rovner, Allison) |
| Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss . . Document filed by Commissioner of Social Security. (Rovner, Allison) |
| Filing 23 MOTION to Dismiss . Document filed by Commissioner of Social Security.(Rovner, Allison) |
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Filing 22
ORDER granting #20 Letter Motion for Extension of Time. APPLICATION GRANTED. (Signed by Magistrate Judge Paul E. Davison on 9/11/2019) (ks)
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| Filing 21 PRO SE MEMORANDUM, dated 9/10/19 re: CHANGE OF ADDRESS for Javier Nunez. New Address: 2402 Atlantic Ave., Brooklyn, New York, 11233. (sc) |
| Filing 20 LETTER MOTION for Extension of Time addressed to Magistrate Judge Paul E. Davison from Allison Rovner dated September 10, 2019. Document filed by Commissioner of Social Security. (Attachments: #1 Certificate of Service)(Rovner, Allison) |
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Filing 19
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Commissioner of Social Security, Javier Nunez. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Paul E. Davison. IT IS ORDERED: This case is referred to a United states magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Cathy Seibel on 8/19/19) (yv)
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| Filing 18 LETTER addressed to Judge Cathy Seibel from Allison Rovner dated August 9, 2019 re: Magistrate Judge consent. Document filed by Commissioner of Social Security. (Attachments: #1 Consent Form)(Rovner, Allison) |
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Filing 17
ORDER: By Order dated July 23, 2019, the Court referred this case to Magistrate Judge Paul E. Davison for a Report and Recommendation. 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. Section 636 (c), to conducting all further proceedings before the assigned Magistrate Judge, as further set forth in this Order. (Signed by Judge Cathy Seibel on 7/23/2019) (mml)
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Filing 16
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 Paul E. Davison. (Signed by Judge Cathy Seibel on 7/23/2019) (mml)
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| Filing 15 NOTICE OF APPEARANCE by Allison Rovner on behalf of Commissioner of Social Security. (Rovner, Allison) |
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Filing 14
INFORMATION PACKAGE MAILED to Javier Nunez, at 2402 Atlantic Avenue Brooklyn, NY 11233, on 6/14/2019 Re: #13 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. (bwa)
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Filing 13
ORDER OF SERVICE AND SCHEDULING ORDER: 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 the Standing Order "Motions for Judgment on the Pleadings in Social Security Cases," 16-MC-0171 (Apr. 20, 2016): Within 90 days of the date of this order, 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 amended 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. 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. Memoranda in support of or in opposition to any dispositive motion may not exceed 25 pages in length; reply memoranda may not exceed ten pages in length. A party seeking to exceed these page limitations must apply to the Court for leave to do so, with copies to all counsel, no fewer than seven days before the date on which the memorandum is due. Electronic Certified Administrative Record due by 9/12/2019. (Signed by Judge Cathy Seibel on 6/14/2019) (mro) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Colleen McMahon is no longer assigned to the case. (bcu) |
| Mailed a copy of #11 Order Granting IFP Application to Javier Nunez 2402 Atlantic Avenue Brooklyn, NY 11233 (aea) |
| Magistrate Judge Paul E. Davison 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. (bcu) |
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Filing 11
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 6/12/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 10 LETTER addressed to Judge Colleen McMahon from Javier Nunez dated 5/16/19 re: Plaintiff informs the Court that he is a victim of fraud including identity theft; that he does not feel safe at 2402 Atlantic Avenue, Brooklyn, New York 11233; and he requests that the Court go forward with Judgment and relief. Document filed by Javier Nunez, Javier Nunez, Javier Nunez.(sc) |
| Filing 9 DECLARATION of Javier Nunez; response to re: #8 Order 30 Days Other (case opening). Document filed by Javier Nunez. (sc) |
| Mailed a copy of #8 Order 30 Days Other (case opening), to Javier Nunez 2402 Atlantic Avenue Brooklyn, NY 11233. (vba) |
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Filing 8
ORDER. The Court directs the Clerk of Court to assign this matter to my docket. The Court directs Plaintiff to show cause, within thirty days of the date of this order, why the Court should not transfer this action to the United States District Court for the Eastern District of New York. Plaintiff may comply with this order by completing and submitting the attached declaration form within the time allowed. If Plaintiff fails to comply with this order within the time allowed, the Court will transfer this action to the United States District Court for the Eastern District of New York. See 28 U.S.C. 1404(a), 1406(a). 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). The Court directs the Clerk of Court to docket this order as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. SO ORDERED. (Signed by Judge Colleen McMahon on 4/17/2019) (Attachments: #(1) Attachment) (rjm). Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) |
| Filing 7 LETTER addressed to Judge Colleen McMahon from J. Nunez, dated 4/11/19 re: Plaintiff informs the Court that he has received no answer from the Commissioner of Social Security; and he requests that the Court obtain a pro-bono attorney to represent him in this action. Document filed by Javier Nunez.(sc) |
| Filing 6 PRO SE MEMORANDUM(Letter) dated 3/15/19 re: CHANGE OF ADDRESS for Javier Nunez. New Address: 2402 Atlantic Ave., Brooklyn, New York, 11233. (sc) |
| Filing 5 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Javier Nunez consents to receive electronic service via the ECF system. Document filed by Javier Nunez.(sc) |
| Mailed a copy of #3 Standing Order re Motions for Judgment on the Pleadings in Social Security Cases, to Javier Nunez 2402 Atlantic Avenue Brooklyn, NY 11233. (aea) |
| Filing 4 AMENDED COMPLAINT FOR JUDICIAL REVIEW OF A FINAL DECISION OF THE COMMISSIONER OF SOCIAL SECURITY; re: amending #2 Complaint against Commissioner of Social Security.Document filed by Javier Nunez. Related document: #2 Complaint.(sc) |
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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) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Javier Nunez. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Javier Nunez.(sac) |
| Case Designated ECF. (sac) |
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