Orr v. Commissioner of Social Security
| Deborah Orr |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2019cv04926 |
| May 24, 2019 |
| US District Court for the Southern District of New York |
| Louis L Stanton |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Received returned mail re: #6 Order 30 Days Other (case opening). Mail was addressed to Deborah Orr, 255 W 43rd Street, New York, NY 10036 and was returned for the following reason(s): Return to Sender Attempted - To Not Known Unable to Forward. (vn) |
| Mailed a copy of #6 Order 30 Days Other (case opening), to Deborah Orr 255 W 43rd Street New York, NY 10036. (aea) |
Filing 6
ORDER. Plaintiff Deborah Orr filed this pro se complaint against the Social Security Administration. The Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis, and directed Plaintiff to file an amended complaint. (ECF Nos. 4, 5.) The Clerk's Office mailed copies of those orders to Plaintiff on May 30, 2019, and June 3, 2019. Both orders was returned to the Court as undeliverable. Under Rule 41(b) of the Federal Rules of Civil Procedure, a district court may dismiss an action sua sponte for failure to prosecute after notifying the plaintiff. LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001); see Fields v. Beem, No. 13-CV-0005 (GTS/DEP), 2013 WL 3872834, at *2 (N.D.N.Y. July 24, 2013) ("A plaintiff is required to notify the Court when his address changes, and failure to do so is sufficient to justify dismissal of a plaintiff's complaint.") (collecting cases). The Court directs Plaintiff to update her address of record within 30 days of the date of this order. Should Plaintiff fail to comply with this order, the Court will dismiss the action without prejudice for failure to prosecute. The Clerk of Court is directed to mail a copy of this order to Plaintiff, and note service on the docket. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Louis L. Stanton on 6/27/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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| Received returned mail re: #4 Order Granting IFP Application. Mail was addressed to Deborah Orr 255 W 43rd Street New York, NY 10036 and was returned for the following reason(s): Return to Sender Attempted Not Known Unable to Forward. (vba) |
| Received returned mail re: #5 Order 60 Days Amended Complaint (case opening),. Mail was addressed to Deborah Orr 255 W 43rd Street New York, NY 10036 and was returned for the following reason(s): Return to Sender Attempted Not Known Unable to Forward. (vba) |
| Received returned mail re: #3 Standing Order re Motions for Judgment on the Pleadings in Social Security Cases. Mail was addressed to Deborah Orr, 255 W 43rd Street, New York, NY 10036 and was returned for the following reason(s): Return to Sender Attempted - Not known Unable to Forward. (vn) |
| Mailed a copy of #5 Order 60 Days Amended Complaint (case opening), to Deborah Orr 255 W 43rd Street New York, NY 10036. |
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Filing 5
ORDER TO AMEND. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 19-CV-4926 (LLS). An Amended Social Security Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed and cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. The Court certifies under 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. SO ORDERED. (Signed by Judge Louis L. Stanton on 5/31/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case. (rjm) |
| Mailed a copy of #4 Order Granting IFP Application to Deborah Orr 255 W 43rd Street New York, NY 10036. (aea) |
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Filing 4
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 5/29/2019) (rdz) 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, to Deborah Orr 255 W 43rd Street New York, NY 10036. (aea) |
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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) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Deborah Orr.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Deborah Orr.(rdz) |
| Case Designated ECF. (rdz) |
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