Fears, Jr. v. Commissioner of Social Security
| Donald G Fears, Jr. |
| Commissioner of Social Security |
| 1:2021cv00872 |
| July 30, 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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Filing fee: $402.00, receipt number BUF073227 (SG)
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Filing 6
TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff indicates that he is not employed, does not receive any government benefits, and resides with a friend who helps him pay his bills. He also states that his friend does neither work, nor collect any government benefits. The only expense Plaintiff indicates he has is food, and it is unclear whether this is his only expense that is not paid by the friend he resides with, or this is the only expense he has after his friend pays for his other expenses. Either way, plaintiff does not identify any other expenses and it is unclear what sources of income he has to pay for the only expense he listed in his application. 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 September 27, 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 September 27, 2021, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Elizabeth A. Wolford on 8/25/21. (NNR)-CLERK TO FOLLOW UP-
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Filing 5
NOTICE of Appearance by Lewis L. Schwartz on behalf of Donald G Fears, Jr. (Schwartz, Lewis)
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Filing 4
NOTICE of Appearance by Johanny Santana on behalf of Commissioner of Social Security (Santana, Johanny)
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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) (TMK)
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Case placed in Social Security Assignment Pool. (TMK)
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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. (TMK)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Donald G Fears, Jr..(Hiller, Kenneth)
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Filing 1
COMPLAINT against Commissioner of Social Security, filed by Donald G Fears, Jr.. (Attachments: #1 Exhibit A- Notice of Decision-Unfavorable, #2 Summons, #3 Summons, #4 Summons, #5 Civil Cover Sheet)(Hiller, Kenneth)
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| Plaintiff: Donald G Fears, Jr. | |
| Represented By: | Kenneth R. Hiller |
| Represented By: | Lewis L. Schwartz |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Johanny Santana |
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