Medina v. Commissioner of Social Security
Anayis Gomez Medina |
Commissioner of Social Security |
Social Security Administration |
1:2019cv11422 |
December 13, 2019 |
US District Court for the Southern District of New York |
Debra C Freeman |
Gregory H Woods |
Social Security: DIWC/DIWW |
42 U.S.C. § 405 |
None |
Docket Report
This docket was last retrieved on May 7, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 10 INFORMATION PACKAGE MAILED to Anayis Gomez Medina, at 1775 Clay Avenue Apt. 3C Bronx, NY 10457, on 2/5/2020 Re: #9 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) |
Mailed a copy of #9 Order of Service - Social Security, to Anayis Gomez Medina 1775 Clay Avenue Apt. 3C Bronx, NY 10457 by Certified Mail # 7019 1640 0002 1693 8216 with Return Receipt Requested..(bwa) |
Filing 9 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. The U.S. Attorney's Office shall use its best efforts to file a notice of appearance within fourteen days of the date of this Order. The Court orders the following briefing schedule, which varies in certain respects from the Standing Order "Motions for Judgment on the Pleadings in Social Security Cases," 16-MC-0171 (Apr. 20, 2016): Within 90 days of filing a notice of appearance, the Commissioner of Social Security shall file the Electronic Certified Administrative Record (e-CAR), which shall constitute the defendant's answer, or otherwise move against the complaint. If the Commissioner wishes to file a motion for judgment on the pleadings, any other motion, or a stipulation to remand to the Commissioner, the Commissioner shall do so within that same ninety-day period. Unless the Commissioner obtains an extension of time from the Court, the Commissioner shall file an e-CAR and any other motion or stipulation no later than 110 days from the date of this Order. If Plaintiff wishes to file a cross-motion, Plaintiff must do so within thirty days after the Commissioner's filing of a motion. An opposition to any motion shall be filed within thirty days from service of the motion. Any reply must be filed within fourteen days thereafter. Any motion or opposition must be accompanied by a supporting memorandum of law and include specific citation to the parts of the record on which the party relies. Requests for an extension of any of the dates set forth herein must be made in accordance with the Court's Individual Rule 1(E). In addition, if the Commissioner anticipates that the Commissioner will require an extension of the date by which it must file a motion for judgment on the pleadings, any other motion, or a stipulation of remand to the Commissioner, the Commissioner should request the extension no less than two business days prior to the filing of the e-CAR or other response to the complaint. Memoranda in support of or in opposition to any dispositive motion shall not exceed 25 pages in length, and reply memoranda shall not exceed 10 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 upon which the memorandum is due. The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail. SO ORDERED. Electronic Certified Administrative Record due by 5/4/2020. (Signed by Judge Gregory H. Woods on 2/04/2020) (ama) Transmission to Pro Se Assistants for processing. |
Filing 8 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 Debra C. Freeman. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/04/2020) (ama) |
Re-Mailed a copy of #7 Order Granting IFP Application to Anayis Gomez Medina at 1775 Clay Avenue Apt. 3C Bronx, NY 10457.(aea) |
Mailed a copy of #7 Order Granting IFP Application to Anayis Gomez Medina 1775 Clay Avenue Apt. 3C Bronx, NY 10657.(aea) |
NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Colleen McMahon is no longer assigned to the case..(wb) |
Magistrate Judge Debra C. Freeman 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
Filing 7 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 1/31/2020) (sac) Transmission to Docket Assistant Clerk for processing. |
Filing 5 Original Signature Received from Anayis D. Gomez re: #2 Complaint. (sc) |
Received returned mail re: #4 Order Directing Original Signature. Mail was addressed to Anayis Gomez Medina, 1775 Clay Avenue, Bronx, NY 10657 and was returned for the following reason(s): Return To Sender Attempted - Not Known Unable To Forward. (vn) |
Received returned mail re: #3 Standing Order re Motions for Judgment on the Pleadings in Social Security Cases. Mail was addressed to Anayis Gomez Medina, 1775 Clay Avenue, Bronx, NY 10657 and was returned for the following reason(s): Return to Sender Undeliverable As Addressed Unable to Forward. (vn) |
Re-Mailed a copy of #4 Order Directing Original Signature, to Anayis Gomez Medina 1775 Clay Avenue Apt. 3C Bronx, NY 10657. (aea) |
Filing 4 ORDER DIRECTING ORIGINAL SIGNATURE: Plaintiff is directed to submit a signed signature page 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). Signature Page due by 1/21/2020. (Signed by Judge Colleen McMahon on 12/19/2019) (Attachments: #1 Supplement Signature Page)(scn) Transmission to Docket Assistant Clerk for processing. |
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
Mailed a copy of #4 Order Directing Original Signature, to Anayis Gomez Medina 1775 Clay Avenue Bronx, NY 10657. (vba) |
Mailed a copy of #3 Standing Order re Motions for Judgment on the Pleadings in Social Security Cases, to Anayis Gomez Medina 1775 Clay Avenue Bronx, NY 10657. (aea) |
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. |
Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Anayis Gomez Medina.(rdz) |
Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anayis Gomez Medina.(rdz) |
Case Designated ECF. (rdz) |
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