Howard v. Commissioner of Social Security
| Thomas E Howard |
| Commissioner of Social Security |
| 1:2022cv00306 |
| April 22, 2022 |
| US District Court for the Western District of New York |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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This docket was last retrieved on May 19, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 NOTICE of Appearance by Sixtina Fernandez on behalf of Commissioner of Social Security (Fernandez, Sixtina) |
| Filing 8 TEXT ORDER granting #7 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 amended motion (Dkt. 7) 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. Elizabeth A. Wolford on 5/16/22. (NNR) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Thomas E Howard. (Attachments: #1 Affidavit)(Clary, Dennis) |
| Filing 6 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff indicates that he is not employed, resides alone and has no dependents, does not receive any government benefits, and receives $850 from his father to cover his monthly rent and utilities. Plaintiff identifies that his monthly expenses are $1145, and it is unclear what other sources of income he has to cover the remaining monthly household expenses. 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 May 23, 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 May 23, 2022 the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Elizabeth A. Wolford on 4/22/22. (NNR)-CLERK TO FOLLOW UP- |
| Filing 5 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) |
| Filing 4 CONTINUATION OF EXHIBITS Civil Cover Sheet. (Clary, Dennis) |
| Filing 3 CONTINUATION OF EXHIBITS Summons. (Clary, Dennis) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Thomas E Howard. (Attachments: #1 Affidavit)(Clary, Dennis) |
| Filing 1 COMPLAINT against Acting Commissioner Social Security Administration, filed by Thomas E Howard.(Clary, Dennis) |
| 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) |
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| Plaintiff: Thomas E Howard | |
| Represented By: | Dennis A. Clary |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Sixtina Fernandez |
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