Smith v. Commissioner of Social Security
| Ernest Smith |
| Commissioner of Social Security |
| 1:2022cv00509 |
| June 30, 2022 |
| US District Court for the Western District of New York |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
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Filing 9
TEXT ORDER granting #8 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 (Dkt. 8) 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 7/18/22. (NNR)
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Filing 8
MOTION for Leave to Proceed in forma pauperis by Ernest Smith.(Clary, Dennis)
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Filing 7
TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff is not employed, receives government benefits, and resides with his mother. Plaintiff does not indicate any of his monthly expenses because "all bills are in [his] mother's name," or does not state his mother's contributions to the 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 August 5, 2022 to re-file his applicaion 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 August 5, 2022, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Elizabeth A. Wolford on 7/5/22. (NNR)-CLERK TO FOLLOW UP-
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Filing 6
NOTICE of Appearance by Sergei Aden on behalf of Commissioner of Social Security (Aden, Sergei)
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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)
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Filing 4
CONTINUATION OF EXHIBITS summons. (Clary, Dennis)
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Filing 3
CONTINUATION OF EXHIBITS civil cover sheet. (Clary, Dennis)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Ernest Smith. (Attachments: #1 Affidavit)(Clary, Dennis)
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Filing 1
COMPLAINT against Acting Commissioner Social Security Administration, filed by Ernest Smith.(Clary, Dennis)
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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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Case placed in Social Security Assignment Pool. (TMK)
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| Plaintiff: Ernest Smith | |
| Represented By: | Dennis A. Clary |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Sergei Aden |
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