Scullark v. Commissioner of Social Security
| Isaiah Scullark |
| Commissioner of Social Security |
| 1:2024cv03721 |
| May 15, 2024 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Laura Taylor Swain |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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Filing 7
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 6/14/2024. In Forma Pauperis (IFP) Application due by 6/14/2024. (Signed by Judge Laura Taylor Swain on 5/15/24) (Attachments: #1 Supplement amended ifp) (bl)
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Filing 6
STANDING ORDER M10-468 To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the court's website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiff's last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed ( and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Chief Judge Laura Taylor Swain on 3/18/2024) (vba)
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| Filing 5 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:24-cv-03248. Original file certified copy of transfer order and docket entries received. |
| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see #Rule 9.2 of the courts ECF Rules & Instructions for further information..(vba) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| Case Designated ECF. (vba) |
| Filing 4 NOTICE of Appearance by Anne M Zeigler on behalf of Commissioner of Social Security (aty to be noticed) (Zeigler, Anne) [Transferred from New York Eastern on 5/15/2024.] |
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Filing 3
ORDER: For the reasons set forth in the accompanying Order, the Clerk of Court is respectfully directed to immediately transfer this action to the United States District Court for the Southern District of New York, which includes Bronx County. See 28 U.S.C. 112(b), 1406(a). A ruling on whether Plaintiff should be permitted to proceed without prepayment of fees is reserved for the transferee court.Rule 83.1 of the Local Rules of the Eastern District of New York, which requires a seven-day delay in the transfer of relevant case materials, is waived.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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of Court is directed to mail a copy of the attached Order to the pro se Plaintiff and note the mailing on the docket. Ordered by Judge Hector Gonzalez on 5/14/2024. (PN) [Transferred from New York Eastern on 5/15/2024.]
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| Notice: Social Security Case Service. Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk has issued a Notice of Electronic Case Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system, notifying the appropriate Regional Social Security Administration's Office of General Counsel and the United States Attorney's Office of the case.No summons shall issue.(Notice mailed to Pro Se Plaintiff via US Mail). Commissioner of Social Security served on 5/13/2024, answer due 7/12/2024. (KD) [Transferred from New York Eastern on 5/15/2024.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Isaiah Scullark. (KD) [Transferred from New York Eastern on 5/15/2024.] |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Isaiah Scullark. (Attachments: #1 Civil Cover Sheet) (KD) [Transferred from New York Eastern on 5/15/2024.] |
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| Plaintiff: Isaiah Scullark | |
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| Defendant: Commissioner of Social Security | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
| Represented By: | Anne Zeigler |
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