Pena v. Kijakazi
| Raymond Justin Pena |
| Kilolo Kijakazi, Acting Commissioner of Social Security and Kilolo Kijakazi |
| Social Security Administration |
| 1:2022cv07975 |
| September 19, 2022 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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| Filing 16 LETTER addressed to Magistrate Judge Stewart D. Aaron from Padma Ghatage dated 11/10/2022 re: Correcting Answer-Record Deadline. Document filed by Kilolo Kijakazi..(Ghatage, Padma) |
| Filing 15 AFFIDAVIT OF SERVICE. Kilolo Kijakazi served on 10/3/2022, answer due 10/24/2022. Service was made by Mail. Document filed by Raymond Justin Pena. (Attachments: #1 Exhibit Confirmation of Delivery).(Zeltmann, Francesca) |
Filing 14
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Kilolo Kijakazi, Raymond Justin Pena. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Stewart D. Aaron. IT IS ORDERED: This case is referred to a United states magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Paul A. Engelmayer on 11/1/22) (yv)
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| Filing 13 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Kilolo Kijakazi. Document filed by Kilolo Kijakazi..(Ghatage, Padma) |
| Filing 12 NOTICE OF APPEARANCE by Padma Ghatage on behalf of Kilolo Kijakazi..(Ghatage, Padma) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Kilolo Kijakazi..(jgo) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Kilolo Kijakazi, Acting Commissioner of Social Security Administration, re: #1 Complaint. Document filed by Raymond Justin Pena..(Zeltmann, Francesca) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Francesca Zeltmann to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): party(ies) name on the TO section of the PDF are not listed on the pleading/docket.. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (gp) |
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Filing 9
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 Stewart D. Aaron. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/22/2022) (vfr)
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Filing 8
ORDER. 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, within two weeks of the date on which Defendant enters an appearance, either mail or email directly 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://www.nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge ) and as further set forth in this Order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/22/22) (yv) Modified on 9/22/2022 (yv).
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Filing 7
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/22/22) (yv)
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Filing 6
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) (pc)
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| Filing 5 MOTION for Leave to Proceed Informa Pauperis . Document filed by Raymond Justin Pena. (Attachments: #1 Affidavit for permission to appeal in forma pauperis, #2 Exhibit Public Assistance Documents).(Zeltmann, Francesca) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Francesca Zeltmann. The party information for the following party/parties has been modified: Kilolo Kijakazi, Acting Commissioner of Social Security. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Francesca Zeltmann. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to Kings;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Francesca Zeltmann to RE-FILE Document No. #3 MOTION for Leave to Proceed Informa Pauperis .. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Caption title on the IFP must exactly match the complaint caption title (add the word Acting to the caption title on the IFP). If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Request to Proceed Informa Pauperis due by 9/26/2022. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Magistrate Judge Stewart D. Aaron 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kilolo Kijakazi, Acting Commissioner of Social Security Administration, re: #1 Complaint. Document filed by Raymond Justin Pena..(Zeltmann, Francesca) Modified on 9/23/2022 (gp). |
| Filing 3 FILING ERROR - PDF ERROR - MOTION for Leave to Proceed Informa Pauperis . Document filed by Raymond Justin Pena. (Attachments: #1 Affidavit for permission to appeal in forma pauperis, #2 Exhibit Public Assistance Documents).(Zeltmann, Francesca) Modified on 9/20/2022 (pc). |
| Filing 2 CIVIL COVER SHEET filed..(Zeltmann, Francesca) |
| Filing 1 COMPLAINT against Kilolo Kijakazi, Acting Commissioner of Social Security. Document filed by Raymond Justin Pena..(Zeltmann, Francesca) |
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