McTyere v. Commissioner of Social Security
| Cathy Yvonne McTyere |
| Commissioner of Social Security |
| 1:2023cv01073 |
| October 11, 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 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing fee received: $402.00, receipt number 100002968 (CGJ) |
| Filing 4 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff is not employed and receives government assistance in the total amount of $1,656.00 per month. She resides with her minor children and solely contributes to the monthly expenses, which she identifies to be $2,882.00. It is unclear what additional sources of assistance or income plaintiff receives to cover her 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 November 13, 2023, to (1) re-file her 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 November 13, 2023, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Elizabeth A. Wolford on 10/12/23. (NNR)Clerk to Follow up |
| Filing 3 NOTICE of Appearance by Daniella M. Calenzo on behalf of Commissioner of Social Security (Calenzo, Daniella) |
| NOTICE regarding service of #1 Complaint, in a Social Security case: Commissioner of Social Security answer due 12/11/2023.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) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Cathy Yvonne McTyere.(Comerford, Ida) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Cathy Yvonne McTyere. (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, #7 WITHDRAWL OF CONSENT OF MAGISTRATE)(Comerford, Ida) |
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| Plaintiff: Cathy Yvonne McTyere | |
| Represented By: | Ida M. Comerford |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Daniella M. Calenzo |
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