Austin v. Commissioner of Social Security
| Robin Christine Austin |
| Commissioner of Social Security |
| 1:2019cv00638 |
| May 16, 2019 |
| US District Court for the Western District of New York |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Document Text |
|---|
| Filing 5 NOTICE of Appearance by Michael Arlen Thomas on behalf of Commissioner of Social Security (Thomas, Michael) |
| Filing fee: $400.00, receipt number 64474 (SG) |
| Filing 4 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff states that she is not employed, receives government assistance and resides with her fiance, who is earning $2000 per month and covering the majority of their monthly expenses in the amount $993. Even though plaintiff is partially supporting a minor child, she did not list any expenses associated with her care for that child as such child is not residing with plaintiff and her fiance. Based on the information provided, the Court cannot determine whether plaintiff has set forth sufficient indications of indigency, thus, plaintiff's in forma pauperis motion is DENIED. Plaintiff has until June 19, 2019 to (1) re-file her application using the Courts standard form with all of the relevant information included, or (2) pay the $400.00 filing fee. If plaintiff has not complied with either of these options by June 19, 2019, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Frank P. Geraci, Jr. on 5/20/19. (NNR)-CLERK TO FOLLOW UP- |
| Filing 3 Summons issued as to Commissioner of Social Security, U.S. Attorney and U.S. Attorney General. Attached issued summons and complaint served electronically on the defendant pursuant to Western District of New York's Local Rules of Civil Procedure. (Attachments: #1 complaint)(KM) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (KM) |
| Case placed in Social Security Assignment Pool. (KM) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Robin Christine Austin.(Hiller, Kenneth) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Robin Christine Austin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Summons, #5 Summons, #6 Summons)(Hiller, Kenneth) |
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| Plaintiff: Robin Christine Austin | |
| Represented By: | Kenneth R. Hiller |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Michael Arlen Thomas |
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