Austin v. Commissioner of Social Security
| Anthony Austin |
| Commissioner of Social Security |
| 1:2023cv00909 |
| August 31, 2023 |
| 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 October 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 TRANSCRIPT (Social Security) (Part 2). (Fernandez, Sixtina) |
| Filing 5 TRANSCRIPT (Social Security) (Part 1). (Fernandez, Sixtina) |
| Filing fee received: $402.00, receipt number 100002630. (JLV) |
| Filing 4 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff indicates that he is not employed and that his wife, who is earning $1,200.00 per month, is covering their household expenses in the amount of $2,534. Considering that plaintiff receives government benefits in the amount of $620 to cover his food expenses, it is unclear what additional sources of income he utilizes aside from his wife's income to cover the remaining 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 October 5, 2023 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 October 5, 2023, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Elizabeth A. Wolford on 9/5/23. (NNR)Clerk to Follow up |
| Filing 3 NOTICE of Appearance by Sixtina Fernandez on behalf of Commissioner of Social Security (Fernandez, Sixtina) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Anthony Austin.(Comerford, Ida) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Anthony Austin. (Attachments: #1 Exhibit A-Notice of Decision-Unfavorable, #2 Exhibit B-Notice of Appeals Council, #3 Summons, #4 Summons, #5 Summons, #6 Civil Cover Sheet, #7 WITHDRAWAL OF CONSENT OF MAGRISTRATE)(Comerford, Ida) |
| NOTICE regarding service of #1 Complaint, in a Social Security case: Commissioner of Social Security answer due 10/30/2023.Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk issues this Notice of Electronic Filing to the Regional Social Security Administration's Office of General Counsel and the United States Attorney's Office for the Western District of New York. No summons will issue. (TMK) |
| Case placed in Social Security Assignment Pool. (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) |
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| Plaintiff: Anthony Austin | |
| Represented By: | Ida M. Comerford |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Sixtina Fernandez |
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