Nye v. Commissioner of Social Security
| Christopher L. Nye |
| Commissioner of Social Security |
| 1:2021cv00050 |
| January 12, 2021 |
| 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 January 27, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 TEXT ORDER granting #6 Motion for Leave to Proceed in forma pauperis. The Court finds that plaintiff meets the statutory requirements for in forma pauperis status and therefore his motion (Docket # 6) is GRANTED. The Clerk of Court is directed to file plaintiff's papers without payment of fees. The service of the complaint has been performed in accordance with WDNY Local Rule 5.5. IT IS SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/27/21. (NNR) |
| Filing 6 Second MOTION for Leave to Proceed in forma pauperis by Christopher L. Nye.(Ratchford, James) |
| Filing 5 NOTICE of Appearance by Sixtina Fernandez on behalf of Commissioner of Social Security (Fernandez, Sixtina) |
| Filing 4 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff indicates that he is not employed, and receives government assistance in the amount of $411. He also receives $300 from an individual, who resides with him and contributes to his household expenses. Plaintiff states that his household expenses are $922, and it is unclear how he contributes to them considering his income. Based on the lack of sufficient information, 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 February 15, 2021 to (1) re-file his application using the Court's standard form with all of the relevant information included, or (2) pay the $402.00 filing fee. If plaintiff has not complied with either of these options by February 15, 2021, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Frank P. Geraci, Jr. on 1/13/21. (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)(JD) |
| Case placed in Social Security Assignment Pool. (JD) |
| 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) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Christopher L. Nye.(Ratchford, James) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Christopher L. Nye. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 summonses)(Ratchford, James) |
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| Plaintiff: Christopher L. Nye | |
| Represented By: | James P. Ratchford |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Sixtina Fernandez |
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