Lyles v. Commissioner of Social Security
Antonio Lyles |
Commissioner of Social Security |
Social Security Administration |
1:2020cv01060 |
February 5, 2020 |
US District Court for the Southern District of New York |
Katharine H Parker |
Laura Taylor Swain |
Social Security: DIWC/DIWW |
42 U.S.C. § 405 |
None |
Docket Report
This docket was last retrieved on July 9, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 11 SCHEDULING ORDER Plaintiff IN SOCIAL SECURITY CASE: This case has been referred to me for a report and recommendation. Plaintiff has brought this action pursuant to 42 U.S.C. 405(g), seeking review of a denial of social security disability benefits. This Order supersedes all prior scheduling orders in this action. The Clerk of Court is respectfully directed to send a copy of this Order to the Pro Se Plaintiff by either mail or by email if Plaintiff has consented to electronic service. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/9/2020) (ks) Transmission to Docket Assistant Clerk for processing. |
Mailed a copy of #11 Scheduling Order, to Antonio Lyles 2802 Olinville Avenue Apt. B1 Bronx, NY 10467. (aea) |
Filing 10 NOTICE: The District Judge has referred this Social Security case to one of the Court's Magistrate Judges for a Report and Recommendation. Magistrate Judges are judges selected by the District Judges to serve for terms of eight years. Magistrate Judges are highly qualified and very experienced. You have an option to agree to having the Magistrate Judge to whom your case has been referred decide your case instead of recommending a decision to the District Judge whowould then review the Report and Recommendation and address any objections to it. If you consent to having the Magistrate Judge decide your case, the Magistrate Judge replaces the District Judge, thereby speeding up the resolution of the case (because only one judge instead of two will be involved in your case). Any appeal from a Magistrate Judge's decision following consent is directly to the United States Court of Appeals for the Second Circuit in the same way that an appeal from a District Judge's decision would be taken. If you do not consent to having the Magistrate Judge decide your case, then theMagistrate Judge will issue a Report and Recommendation and the District Judge will consider any objections either party has to the Report and Recommendation before a final judgment is entered in your case. Both you and the Commissioner of Social Security must consent in order for the Magistrate Judge to decide your case. If you do not consent, there will be no adverse consequences. If you wish to consent, please sign the enclosed form and mail or hand deliver it to Lisa Ahearn, Civil Clerk's Office, Office of the United States Attorney for the Southern District of New York, 86 Chambers Street-Third Floor, New York, New York 10007. The United States Attorney's Office will arrange to have the consent form signed by the District Judge. (ama) |
Filing 9 ORDER OF REFERENCE TO A 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 Katharine H. Parker. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/05/2020) Copies Mailed By Chambers. (ama) |
Filing 8 INFORMATION PACKAGE MAILED to Antonio Lyles, at 2802 Olinville Avenue Apt. B1 Bronx, NY 10467, on 3/4/2020 Re: #6 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) |
Filing 7 NOTICE OF APPEARANCE by Elizabeth J. Kim on behalf of Commissioner of Social Security..(Kim, Elizabeth) |
Filing 6 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 prose case, brought under 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 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 thee-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. 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. SO ORDERED. Electronic Certified Administrative Record due by 6/1/2020. (Signed by Judge Laura Taylor Swain on 2/28/2020) Copies Mailed By Chambers. (ama) Transmission to Pro Se Assistants for processing. |
Magistrate Judge Katharine H. Parker 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. (bcu) |
NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
Mailed a copy of #4 Order Granting IFP Application to Antonio Lyles 2802 Olinville Avenue Apt. B1 Bronx, NY 10467. (aea) |
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 2/18/2020) (sac) Transmission to Docket Assistant Clerk for processing. |
Mailed a copy of #3 Standing Order re Motions for Judgment on the Pleadings in Social Security Cases, to Antonio Lyles 2802 Olinville Avenue Apt. B1 Bronx, NY 10467.(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 Antonio Lyles..(rdz) |
Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Antonio Lyles..(rdz) |
Case Designated ECF. (rdz) |
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