Beebe v. Commissioner of Social Security
| Jaret Beebe and Christopher J Grover |
| Commissioner of Social Security |
| 1:2022cv00896 |
| November 21, 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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Filing 7
TEXT ORDER denying #6 Motion for Leave to Proceed in forma pauperis. Plaintiff amended his IFP application and identified monthly expenses of $400 per month, which consist of food and "other" expenses. He also indicated that his father receives approximately $3,400 per month in income and covers all household, as well as plaintiff's, expenses. Plaintiff did not list any other household expenses covered by his father. Because the Court may consider the resources the applicant receives from other sources, see Fridman v. City of New York, 195 F. Supp. 2d 534, 537 (S.D.N.Y. 2002), and because it is the applicant's ultimate burden to establish indigency and demonstrate that he would be required to forego "the necessities of life" if he is required to pay the filing fee, the Court finds that plaintiff did not meet his burden. See Whatley v. Astrue, No. 5:11-CV-1009 (NAM/ATB), 2011 WL 5222908, at *2 (N.D.N.Y. Oct. 14, 2011), adopted, No. 5:2011-CV-1009, 2011 WL 5196716 (N.D.N.Y. Oct. 31, 2011). Based on the Court's review of plaintiff's family's income and expenses, as well as the lack of any dependents, the Court finds that plaintiff has not put forth sufficient indications of indigency. Therefore, his motion is denied. Plaintiff has until February 2, 2023, to pay the $402.00 filing fee. If plaintiff does not pay the filing fee or otherwise seek relief from this Order by February 2, 2023, the Clerk of Court will dismiss this case without prejudice without further order. Signed by Hon. Elizabeth A. Wolford on 1/3/23. (NNR)Clerk to Follow up
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Filing 6
MOTION for Leave to Proceed in forma pauperis by Jaret Beebe.(Grover, Christopher)
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Filing 5
NOTICE of Appearance by Graham Morrison on behalf of Commissioner of Social Security (Morrison, Graham)
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Filing 4
TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as complete. Plaintiff is not employed and resides with his father, who pays for all household expenses. Plaintiff's application is silent as to the exact nature and amount of expenses his father is paying for as paragraphs 9 and 10 of his application requires. 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 December 26, 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 December 26, 2022, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Elizabeth A. Wolford on 11/23/22. (NNR)Clerk to Follow up
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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 Jaret Beebe.(Grover, Christopher)
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Filing 1
COMPLAINT against Commissioner of Social Security, filed by Jaret Beebe. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Certificate of Service, #5 Certificate of Service, #6 Certificate of Service)(Grover, Christopher)
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