Minier v. Commissioner of Social Security
| Brayant Rainey Minier |
| Commissioner of Social Security |
| Social Security Administration |
| 7:2023cv02801 |
| April 4, 2023 |
| US District Court for the Southern District of New York |
| Paul E Davison |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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Filing 12
NOTICE TO LITIGANTS Judge Davison is retiring from the bench on or about May 19, 2023. After that date, if you require the attention of a Magistrate Judge before receiving notice that a new Magistrate Judge has been assigned to this case, you may contact Fiona Ciappetta at (914) 390-4009, Fiona_Ciappetta@nysd.uscourts.gov. Ms. Ciappetta will bring your request to the attention of a Magistrate Judge in White Plains..(ks)
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Filing 11
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by Commissioner of Social Security, Brayant Rainey Minier. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Paul E. Davison. IT IS ORDERED: This case is referred to a United States magistrate judge Hon. Paul E. Davison 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 Vincent L. Briccetti on 4/10/2023).(ama)
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Filing 10
PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(Sorooshyari, Nahid)
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Filing 9
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, defense counsel must, by no later than April 20, 2023, file a letter with the Court with an attached fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, the blank form for which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this Order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, defense counsel shall file a letter by no later than April 20, 2023, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/6/2023) (ks)
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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 6/5/2023. (vf)
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Filing 8
ORDER OF REFERENCE TO A 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 Paul E. Davison. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/5/2023) (ks)
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Filing 7
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/5/2023) (ks)
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Filing 6
NOTICE OF APPEARANCE by Nahid Sorooshyari on behalf of Commissioner of Social Security..(Sorooshyari, Nahid)
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Filing 5
STANDING ORDER IN RE BRIEFING OF SOCIAL SECURITY CASES (See 22-MISC-329 Standing Order filed November 21, 2022). WHEREAS, cases filed on and after December 1, 2022 under 42 U.S.C. 405(g), seeking judicial review on the record of final decisions by the Commissioner of Social Security ("Commissioner") denying applications for social security benefits, are governed by the simplified procedures set forth in the Supplemental Rules for Social Security Actions ("Supplemental Rules" or "Supp. R.");... in order to ensure the efficient disposition of cases subject to the Supplemental Rules, it is hereby ORDERED that, prior to seeking an extension of any deadline set forth in Supp. R. 4, 6, 7, or 8, the party seeking such extension shall attempt to meet and confer with the opposing party in a good faith effort to agree upon a reasonable and comprehensive schedule for all future filings in the case. If the parties reach agreement, the proposed schedule shall be presented to the Court for approval and, if approved, will govern all remaining proceedings in the case.... (Signed by Judge Laura Taylor Swain on 11/18/2022) (pc)
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Filing 4
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Brayant Rainey Minier..(Berger, Daniel)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Berger to RE-FILE Document No. #3 Request to Proceed In Forma Pauperis. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; The caption title for the IFP does not exactly match the complaint caption title. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. IFP due by 4/10/2023. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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)
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Magistrate Judge Paul E. Davison 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)
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Case Designated ECF. (pc)
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Filing 3
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Brayant Rainey Minier..(Berger, Daniel) Modified on 4/5/2023 (pc).
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Filing 2
CIVIL COVER SHEET filed..(Berger, Daniel)
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Filing 1
COMPLAINT against Commissioner of Social Security. Document filed by Brayant Rainey Minier. (Attachments: #1 Exhibit Appeal Council Denial Letter).(Berger, Daniel)
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