Wittmeyer v. Commissioner of Social Security
| April Wittmeyer |
| Commissioner of Social Security |
| 1:2024cv00044 |
| January 10, 2024 |
| 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 March 8, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 5 TRANSCRIPT (Social Security) . (McMullan, Krystle) |
| Filing fee received: $405.00, receipt number 100003635. (JLV) |
| Filing 4 NOTICE of Appearance by Krystle Shenelle McMullan on behalf of Commissioner of Social Security (McMullan, Krystle) |
| Filing 3 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff is not employed, does not receive government benefits, and indicates that his mother pays her bills. Plaintiff, however, she does not identify her monthly household expenses, or the amount her mother contributes to cover such expenses as paragraphs 9 and 10 of her 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 February 12, 2024, to (1) re-file her application using the Court's standard form with all of the relevant information included, or (2) pay the $405.00 filing fee. If plaintiff has not complied with either of these options by February 12, 2024, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Elizabeth A. Wolford on 1/11/24. (NNR)Clerk to Follow up |
| NOTICE regarding service of #1 Complaint, in a Social Security case: Commissioner of Social Security answer due 3/11/2024.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 April Wittmeyer.(Comerford, Ida) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by April Wittmeyer. (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: April Wittmeyer | |
| Represented By: | Ida M. Comerford |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Krystle Shenelle McMullan |
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