Alexander v. Commissioner of Social Security
| Kenneth Spencer Alexander |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2023cv06964 |
| August 8, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Barbara C Moses |
| Analisa Torres |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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| Received e-mail from the United States District Court - District of Columbia acknowledging receipt of transferred case. Assigned Case Number: 1:23-cv-2939, filed on 10/3/23..(rdz) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Columbia. (jca) |
Filing 26
MEMORANDUM AND ORDER For the reasons set forth above, the Clerk of Court is respectfully directed to close the motions at Dkts. 18 and 19 and TRANSFER this action to the United States District Court for the District of Columbia. SO ORDERED. Motions terminated: #18 MOTION for Permission for Kenneth Alexander to participate in electronic case filing in this case. filed by Kenneth Spencer Alexander, #19 LETTER MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Reconsideration re; #9 Order, Set Deadlines, #17 MOTION FOR RELIEF PENDING CASE CONCLUSION. and proposed briefing schedule addressed to Ju filed by Commissioner of Social Security. (Signed by Magistrate Judge Barbara C. Moses on 9/19/2023) (jca) Transmission to Office of the Clerk of Court for processing.
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #25 Proposed Order was reviewed and approved as to form. (tp) |
| Filing 25 (Amended)PROPOSED ORDER GRANTING PLAINTIFF'S EMERGENCY MOTION FOR RELIEF PENDING CASE CONCLUSION. Document filed by Kenneth Spencer Alexander. (sc) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #24 Proposed Order was reviewed and approved as to form. (tp) |
| Filing 24 PROPOSED ORDER GRANTING PLAINTIFF'S EMERGENCY MOTION FOR RELIEF PENDING CASE CONCLUSION. Document filed by Kenneth Spencer Alexander. (sc) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 23 LETTER addressed to Judge Analisa Torres from K. Alexander, re: I filed a Motion for Permission for Electronic Case Filing (18) on 9/12/23, granting permission which would allow me instant access to docket entries, and better research the law and legal jargon, to prepare and file more intelligible pleadings and responses. Document filed by Kenneth Spencer Alexander.(sc) |
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Filing 22
ORDER denying #5 Motion for Preliminary Injunction; denying #13 Motion for Reconsideration re #5 MOTION for Preliminary Injunction. filed by Kenneth Spencer Alexander, #13 MOTION for Reconsideration re; #9 Order, filed by Kenneth Spencer Alexander. Accordingly, Plaintiff's motion for reconsideration is DENIED. The Clerk of Court is directed to te1minate the motions at ECF Nos. 5 and 13. SO ORDERED. (Signed by Judge Analisa Torres on 9/15/2023) (jca)
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| Filing 21 PLAINTIFF'S MEMORANDUM OF POINTS & AUTHORITIES IN OPPOSITION TO DEFENDANT'S MOTION FOR AN EXTENSION OF TIME, re: #19 LETTER MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Reconsideration re; #9 Order, Set Deadlines, #17 MOTION FOR RELIEF PENDING CASE CONCLUSION. and proposed briefing schedule addressed to Judge Analisa Torres. Document filed by Kenneth Spencer Alexander. (sc) |
| Filing 20 LETTER addressed to Judge Analisa Torres from K. Alexander, re: The plaintiff submits this letter in response and opposing the defendant's "Letter Motion for Extension of Time to File Response/Reply as to (D.I. 13)Motion for Reconsideration re: (9) Order to set Deadlines (17) Motion for Relief Pending Case Conclusion" etc. Document filed by Kenneth Spencer Alexander.(sc) |
| Filing 19 LETTER MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Reconsideration re; #9 Order,,,,, Set Deadlines,,,,., #17 MOTION FOR RELIEF PENDING CASE CONCLUSION. and proposed briefing schedule addressed to Judge Analisa Torres from Candace Brown Casey dated 9/13/2023. Document filed by Commissioner of Social Security..(Brown Casey, Candace) |
| Filing 18 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, Re: for Permission for Kenneth Alexander to participate in electronic case filing in this case. Document filed by Kenneth Spencer Alexander.(sc) |
| Filing 17 EMERGENCY MOTION FOR RELIEF PENDING CASE CONCLUSION. Document filed by Kenneth Spencer Alexander.(sc) |
| Filing 16 NOTICE OF APPEARANCE by Candace Marie Brown Casey on behalf of Commissioner of Social Security..(Brown Casey, Candace) |
| Filing 15 NOTICE OF APPEARANCE by Fergus John Kaiser on behalf of Commissioner of Social Security..(Kaiser, Fergus) |
| Filing 14 BRIEF( MEMORANDUM OF LAW)IN SUPPORT OF THE PLAINTIFF'S REQUEST FOR RELIEF re: #13 MOTION for Reconsideration re: #9 Order, Set Deadlines. Document filed by Kenneth Spencer Alexander. (sc) |
| Filing 13 MOTION FOR ORDER DIRECTING THE CLERK TO REINSTATE MOTION AT ECF NO.5(for Reconsideration of re; #9 Order, Set Deadlines. Document filed by Kenneth Spencer Alexander.(sc) |
| Filing 12 LETTER addressed to Judge Analisa Torres from K. Alexander, dated 8/23/23 re: I still have a non-dispositive motion which was referred to the Magistrate Judge, then ordered to be terminated. I would respectively ask you to issue an Order and direct the Clerk of the Court to reinstate the motion at EDF 5; then rule accordingly. Document filed by Kenneth Spencer Alexander.(sc) |
| Filing 11 PROPOSED 2ND AMENDED COMPLAINT. Document filed by Kenneth Spencer Alexander. (sc) (Additional attachment(s) added on 8/22/2023: #1 Supplement Jurisdiction) (sc). |
| Mailed a copy of #9 Order, to Kenneth Spencer Alexander at Salalah Aldin Street 19465 Jerusalem, Israel 946500. (sha) |
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Filing 9
ORDER: By October 20, 2023, Plaintiff is directed to file an amended complaint containing the information specified above. Because Plaintiff's amended complaint will completely replace, not supplement, the original complaint, any facts or claims that Plaintiff wishes to maintain must be included in the amended complaint. The amended complaint must be submitted to this District's Pro Se Office, be captioned as an "Amended Complaint," and bear the same docket number as this order. A form Social Security complaint, which Plaintiff is directed to complete as specified above, is attached to this order. The Clerk of Court is directed to terminate the motion at ECF No. 5 and to mail a copy of this order and its attachment to Plaintiff pro se. 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Amended Pleadings due by 10/20/2023.) (Signed by Judge Analisa Torres on 8/21/2023) (ate)
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| Filing 10 AMENDED COMPLAINT, Re: amending #1 Complaint against Commissioner of Social Security.Document filed by Kenneth Spencer Alexander. Related document: #1 Complaint.(sc) |
| Filing 8 LETTER addressed to Magistrate Judge Barbara C. Moses from Kenneth Alexander dated 8/15/23 re: As provided in the Complaint, I have endured great hardship due to action(s) caused by Social Security Administration, and failure to stop SSI benefits after being timely informed to do so. There was sporadic withholding of partial and occasionally all my benefits, leaving me without resources to meet my basic needs. Document filed by Kenneth Spencer Alexander.(sc) |
| Social Security Information Mailed: Social Security Information Packet mailed to Kenneth Spencer Alexander Salalah Aldin Street 19465 Jerusalem, Israel 946500 Local: 972.54.938.4992 on 08/14/2023. The Social Security Information Packet included: Instructions for Seeking Judicial Review of a Final Decision of the Commissioner of Social Security; Statement Regarding Notice to the Commissioner of Social Security; Notice Regarding Privacy and Public Access to Electronic Case Files; New York Legal Action Groups flyer about the free legal assistance clinic at the courthouse; New York County Lawyers Association flyer about pro bono attorneys who practice in the area of Social Security litigation; Individual practices of the assigned District and Magistrate Judges; Handout explaining matters handled by Magistrate Judges; Consent form to complete if all parties agree to proceed before the assigned Magistrate Judge; Consent form to receive court filings electronically; Motion form to receive permission to file cases electronically; Notice of Change of Address form to use if your contact information changes; Standing Order M 10-468 on Briefing of Social Security Cases. (ta) |
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Filing 7
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute; ECF No. 5 and Social Security. Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. Motions referred to Barbara C. Moses. (Signed by Judge Analisa Torres on 8/11/2023) (jca)
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| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (dsh) |
| 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. (dsh) |
| NOTICE OF COMMENCEMENT OF SOCIAL SECURITY ACTION. The Social Security Administration's Office of General Counsel and the United States Attorney for the Southern District of New York are hereby notified of the commencement of this action. Electronic Certified Administrative Record due by 10/10/2023. (dsh) |
| ***DELETED DOCUMENT. Deleted document number [ORDER GRANTING IFP APPLICATION]. The document was incorrectly filed in this case. (vn) |
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Filing 6
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 8/10/2023) (vn)
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| Filing 5 (PROPOSED) ORDER OF TEMPORARY INJUNCTION PENDING THIS APPEAL AND OTHER RELIEF. Document filed by Kenneth Spencer Alexander..(rdz) |
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Filing 4
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 Laura Taylor Swain on 11/18/22) (rdz)
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| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Kenneth Spencer Alexander consents to receive electronic service via the ECF system. Document filed by Kenneth Spencer Alexander..(rdz) (Main Document 3 replaced on 8/9/2023) (rdz). (Main Document 3 replaced on 8/9/2023) (rdz). |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kenneth Spencer Alexander..(rdz) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Kenneth Spencer Alexander..(rdz) |
| Case Designated ECF. (rdz) |
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