Rushing v. Commissioner of Social Security
Plaintiff: Shaun Akindo Alexande Rushing
Defendant: Commissioner of Social Security
Interested Party: Social Security Administration
Case Number: 1:2022cv07696
Filed: September 7, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Laura Taylor Swain
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. ยง 405 Review of HHS Decision (DIWC)
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 11, 2022 Opinion or Order Filing 5 CIVIL JUDGMENT: For the reasons stated in the October 11, 2022, order, this action is dismissed. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/11/22) (Attachments: #1 PRO SE APPEAL PACKAGE) (rdz)
October 11, 2022 Opinion or Order Filing 4 ORDER OF DISMISSAL UNDER 28 U.S.C. 1651: On January 3, 2022, Plaintiff was barred from filing any new civil action in forma pauperis ("IFP") in this court without first obtaining from the court leave to file. See Rushing v. Extra Space Storage, ECF 1:21-CV-9113, 5 (S.D.N.Y. Jan. 3, 2022). On September 7, 2022, Plaintiff filed this new pro se civil action, but has not paid the fees to bring this action or filed an IFP application. Thus, the Court construes Plaintiffs complaint as requesting to proceed IFP. Plaintiff, however, has not sought leave from the Court to file this action. The Court therefore dismisses the action without prejudice for Plaintiff's failure to comply with the Court's January 3, 2022, order in Rushing, ECF 1:21-CV-9113, 5. 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 IFP 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 enter judgment in this action. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/11/22) (rdz)
September 9, 2022 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba)
September 7, 2022 Opinion or Order 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)
September 7, 2022 Filing 2 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Shaun AA. Rushing consents to receive electronic service via the ECF system. Document filed by Shaun Akindo Alexande Rushing..(rdz)
September 7, 2022 Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Shaun Akindo Alexande Rushing..(rdz)
September 7, 2022 Case Designated ECF. (rdz)

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Plaintiff: Shaun Akindo Alexande Rushing
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Defendant: Commissioner of Social Security
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Interested party: Social Security Administration
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