Drain v. Commissioner of Social Security
| Harvey J. Drain |
| Commissioner of Social Security |
| 1:2022cv00043 |
| January 13, 2022 |
| US District Court for the Western District of New York |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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This docket was last retrieved on February 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing fee received: $402.00, receipt number BUF074777 (CGJ) |
| Filing 5 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff indicates that he is not employed, last worked in September 2021, and is now trying to file an application for unemployment benefits. Plaintiff's application is silent as to the monthly income he received while he was employed as paragraph 1 of the motion form requires. Plaintiff indicates that aside from the food expenses that are covered by the government benefits he receives, he contributes $765 per month to cover his housing, utilities and other expenses. He states that he is doing "odd jobs here and there," which is inconsistent with the information about plaintiff's monthly income derived from any employment that he provided earlier in his application. Based on the lack of sufficient information about his income and inconsistencies in Plaintiff's application, 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 March 9, 2022 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 March 9, 2022, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Elizabeth A. Wolford on 2/7/22. (NNR)-CLERK TO FOLLOW UP- |
| Filing 4 NOTICE of Appearance by Ariella Renee Zoltan on behalf of Commissioner of Social Security (Zoltan, Ariella) |
| 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) |
| 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) |
| Case placed in Social Security Assignment Pool. (TMK) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Harvey J. Drain.(Hiller, Kenneth) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Harvey J. Drain. (Attachments: #1 Exhibit A- Notice of Decision-Unfavorable, #2 Exhibit B- Notice of Appeals Council Action, #3 Summons, #4 Summons, #5 Summons, #6 Civil Cover Sheet)(Hiller, Kenneth) |
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| Plaintiff: Harvey J. Drain | |
| Represented By: | Kenneth R. Hiller |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Ariella Renee Zoltan |
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