Rivera v. Commissioner of Social Security
| Roberto Rivera |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2021cv03589 |
| April 22, 2021 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Gregory H Woods |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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Filing 10
ORDER: 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 the defendant must, no later than May 28, 2021, file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov /sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Order," and be described using the "Consent Order" filing event in accordance with ECF Rule 13.18. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, no later than May 28, 2021, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/15/2021) (rro)
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| Filing 9 NOTICE OF APPEARANCE by Susan Colleen Branagan on behalf of Commissioner of Social Security..(Branagan, Susan) |
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Filing 8
SOCIAL SECURITY PACKAGE MAILED to Roberto Rivera, at 2022 3rd Ave., New York, NY 10029, on 4/28/2021 Re: #7 Order of Service - Social Security. 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. (sha)
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Filing 7
ORDER OF SERVICE & SCHEDULING ORDER 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. Because Plaintiff is proceeding pro se and has been granted approval to proceed in forma pauperis, the Plaintiff does not need to serve the summons and complaint in the manner required by Rule 4(i) of the Federal Rules of Civil Procedure or 20 C.F.R. 423.1. Rather, 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, for which the filing fee has been waived. The Clerk of Court is also respectfully requested to send a copy of this Order to the pro se Plaintiff. Once the Civil Division of the United States Attorney's Office for the Southern District of New York (or alternatively the Office of the General Counsel, Social Security Administration ("SSA")), on behalf of the Commissioner of Social Security (the "Commissioner"), enters an appearance, the Commissioner will have 90 days from the date of the appearance to file the Electronic Certified Administrative Record (the "Administrative Record"); as further set forth herein. The Clerk of Court is respectfully directed to notify the U.S. Attorney's Office for the Southern District of New York of the filing of this pro se case, for which the filing fee has been waived, and send a copy of this Order to the Pro Se Plaintiff by either certified mail or by email if Plaintiff has consented to electronic service. Electronic Certified Administrative Record due by 7/27/2021. (Signed by Magistrate Judge Katharine H. Parker on 4/28/2021) (mro) Transmission to Pro Se Assistants for processing.
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Filing 6
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 Katharine H. Parker. (Signed by Judge Gregory H. Woods on 4/27/2021) (mro)
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| 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 Gregory H. Woods. Judge Unassigned is no longer assigned to the case..(bcu) |
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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 Laura Taylor Swain on 4/23/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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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 4/20/16) (rdz)
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| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Roberto Rivera..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Roberto Rivera..(rdz) |
| Case Designated ECF. (rdz) |
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