Smardz v. Commissioner of Social Security
| Christopher Michael Smardz |
| Commissioner of Social Security |
| 1:2019cv01035 |
| August 6, 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 Anne M. Zeigler on behalf of Commissioner of Social Security (Zeigler, Anne) |
| Filing fee received: $400.00, receipt number BUF065456. (NRE) |
| Filing 4 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff indicates that he resides with his father, whose retirement and social security payment in the total amount of $1200 cover his only expense - rent in the amount of $332. Plaintiff also states that his all other expenses are covered by the government benefits he receives. Plaintiff states that he has one minor dependent, but indicates that he does not contribute towards his support. Based on the information provided regarding plaintiff's income and expenses, 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 September 9, 2019 to (1) re-file his application using the Court's 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 September 9, 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 8/8/19. (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 Summons Issued, #2 Summons Issued, #3 Copy of Complaint)(NRE) |
| Case placed in Social Security Assignment Pool. (NRE) |
| 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. (NRE) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Christopher Michael Smardz.(Hiller, Kenneth) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Christopher Michael Smardz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Summons, #5 Summons, #6 Summons)(Hiller, Kenneth) |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Anne M. Zeigler |
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| Plaintiff: Christopher Michael Smardz | |
| Represented By: | Kenneth R. Hiller |
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