Travis v. Commissioner of Social Security
| Linda M. Travis |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2022cv08640 |
| October 10, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Barbara C Moses |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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| MAILING RECEIPT: Document No: 14. Mailed to: Linda M. Travis 107 Lake St. Courtlandt Manor, NY 10567. (dsh) |
Filing 14
ORDER granting #13 Letter Motion for Extension of Time. Application GRANTED. The parties have until December 20, 2022, to update the Court on whether they consent to conducing all further proceedings before the assigned Magistrate Judge. The Clerk of Court is directed to terminate ECF No. 13. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/6/22) (yv)
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| Filing 13 LETTER MOTION for Extension of Time regarding MJ consent addressed to Judge Jesse M. Furman from Padma Ghatage dated December 1, 2022. Document filed by Commissioner of Social Security..(Ghatage, Padma) |
| MAILING RECEIPT: Document No: 12. Mailed to: Linda M. Travis 107 Lake St. Courtlandt Manor, NY 10567. (kh) |
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Filing 12
ORDER: The above-referenced action has been referred to Magistrate Judge Moses. All motions and applications must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. The Court notes that, pursuant to Standing Order No. 16-MC-00171, dated April 20, 2016 (Standing Order) (entered in this action at Dkt. 3), the Commissioner is required to file the electronic certified transcript of the administrative proceedings (e-CAR), which shall constitute her answer, or move against the complaint, no later than 90 days after defendant is served with process in this action. The Court further notes that the Commissioner appeared on October 25, 2022 (Dkt. 6), thereby waiving service. Consequently, should the Commissioner wish to file a pre-answermotion, she shall do so no later than January 23, 2023. Pursuant to Judge Moses's individual practices, a paper courtesy copy of any motion to dismiss, as well as a paper courtesy copy of the e-CAR, if and when filed, must be delivered to chambers by mail, overnight courier, or hand delivery. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/21/2022) (ama)
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| MAILING RECEIPT: Document No: 10. Mailed to: Linda M. Travis 107 Lake St. Courtlandt Manor, NY 10567. (kh) |
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Filing 11
SOCIAL SECURITY PACKAGE MAILED to Linda M. Travis 107 Lake St. Courtlandt Manor, NY 10567, at, on 11/18/2022 Re: #9 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, Order granting IFP application, 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. (aan)
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Filing 10
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 Barbara C. Moses. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/17/22) (yv)
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Filing 9
ORDER OF SERVICE & 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. In accordance with this District's Standing Order governing pro se challenges to denials of social security benefits (see In re: Mots. J. Pleadings Social Sec. Cases, 16-MC-0171), the following briefing schedule applies: Within 90 days of service, the Commissioner must serve and file the ElectronicCertified Administrative Record (e-CAR), which will constitute the Commissioner'sanswer, 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 the e-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. 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 the parties consent to having the Magistrate Judge decide the 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 the case). Any appeal from a Magistrate Judges 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. By contrast, if the parties do not consent to having the Magistrate Judge decide the case, the Magistrate Judge will first issue a Report and Recommendation, and the District Judge will then consider any objections either party has to the Report and Recommendation before a final judgment is entered, at which point an appeal to the Second Circuit could be taken. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. ( Electronic Certified Administrative Record due by 2/16/2023.) (Signed by Judge Jesse M. Furman on 11/17/22) (yv) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Barbara C. Moses 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. (sac) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Laura Taylor Swain is no longer assigned to the case. (sac) |
| Filing 7 AMENDED COMPLAINT against Commissioner of Social Security amending #2 Complaint.Document filed by Linda M. Travis. Related document: #2 Complaint.(sc) |
| MAILING RECEIPT: Document No: 5. Mailed to: Linda M. Travis 107 Lake St. Courtlandt Manor, NY 10567. (dsh) |
| Filing 6 NOTICE OF APPEARANCE by Padma Ghatage on behalf of Commissioner of Social Security..(Ghatage, Padma) |
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Filing 5
ORDER TO AMEND: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 22-CV-8640 (LTS). An Amended Social Security Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed and cannot show good cause to excuse such failure, the Court will dismiss the action for failure to exhaust her administrative remedies, without prejudice to file a new action after Plaintiff has exhausted her administrative remedies. The Court certifies under 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/24/22) (rdz)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
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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 10/12/2022) (vn)
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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 Linda M. Travis..(rdz) Modified on 10/11/2022 (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Linda M. Travis..(rdz) Modified on 10/11/2022 (rdz). |
| Case Designated ECF. (rdz) |
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