Wilson v. Commissioner of Social Security
| Kimberly M. Wilson |
| Commissioner of Social Security |
| 1:2020cv01659 |
| November 11, 2020 |
| 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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This docket was last retrieved on September 27, 2022. A more recent docket listing may be available from PACER.
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Filing fee received: $400.00, receipt number BUF070529. (JLV)
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Filing 5
TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff indicates that she lives alone, does not have any dependents, is unemployed, and receives monthly income of "700 or so". She further states that she receives unemployment benefits in the amount $540 and $184 worth of food stamps. Plaintiff's expenses, aside from food that is covered by food stamps, are $750 per month, which exceed the amount she receives in unemployment. Because plaintiff does not explain how she is paying for all her expenses as prescribed by paragraph 9 of the application, and because it is not clear what plaintiff's exact monthly income is when she identifies it as an estimate, 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 December 16, 2020 to (1) re-file her 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 December 16, 2020, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Frank P. Geraci, Jr. on 11/16/20. (NNR)-CLERK TO FOLLOW UP-
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Filing 4
NOTICE of Appearance by Joshua L. Kershner on behalf of Commissioner of Social Security (Kershner, Joshua)
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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)(JD)
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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. (JD)
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Case placed in Social Security Assignment Pool. (JD)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Kimberly M. Wilson.(Hiller, Kenneth)
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Filing 1
COMPLAINT against Commissioner of Social Security, filed by Kimberly M. Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Summons, #4 Summons, #5 Summons, #6 Civil Cover Sheet)(Hiller, Kenneth)
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| Defendant: Commissioner of Social Security | |
| Represented By: | Joshua L. Kershner |
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| Plaintiff: Kimberly M. Wilson | |
| Represented By: | Kenneth R. Hiller |
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