O'Leary v. Commissioner of Social Security
| Blaine O'Leary |
| Commissioner of Social Security |
| 6:2019cv06417 |
| June 6, 2019 |
| US District Court for the Western District of New York |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Document Text |
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| Filing fee: $400.00, receipt number ROC011503. (BK) |
| Filing 4 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff indicates that she is not employed, lives with her mother, sister and a minor child, and receives food stamps as for government assistance. Plaintiff's expenses, however, significantly exceed the amount of monthly income she listed, and she has failed to explain how she is paying her expenses as paragraph # 9 of the motion form 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 July 10, 2019 to (1) re-file her application using the Court's standard form with all of the relevant information included, or (2) pay the $400.00 filing fee. If plaintiff has not complied with either of these options by July 10, 2019, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Frank P. Geraci, Jr. on 6/10/19. (NNR)-CLERK TO FOLLOW UP- |
| Filing 3 Summons Issued as to Commissioner of Social Security, US Attorney and US 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 Summons, #2 Summons, #3 Complaint, #4 Exhibit, #5 Exhibit, #6 Civil Cover Sheet) (BK) |
| 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. (BK) |
| Case placed in Social Security pool. (BK) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Blaine O'Leary.(Hiller, Kenneth) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Blaine O'Leary. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Summons, #5 Summons, #6 Summons)(Hiller, Kenneth) |
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| Plaintiff: Blaine O'Leary | |
| Represented By: | Kenneth R. Hiller |
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| Defendant: Commissioner of Social Security | |
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