Fry v. Commissioner of Social Security
| Tonya Fry |
| Commissioner of Social Security |
| 6:2020cv06515 |
| July 17, 2020 |
| 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 |
|---|
| Filing 5 NOTICE of Appearance by Peter William Jewett on behalf of Commissioner of Social Security (Jewett, Peter) |
| Filing fee: $ 400, receipt number BUF069082 (TF) |
| Filing 4 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff indicates that she currently not employed, and receives unemployment benefits, as well as "COVID benefits." She resides with her husband, who is also unemployed and receives unemployment benefits, and three of their minor children. It is unclear from plaintiff's motion as to who exactly is receiving VA benefits, however, plaintiff's monthly income is $5,700. Plaintiff also states that she has $4,700 in her business checking account, however, nowhere in her application she identifies a business or lists any income she receives from such business as part of her monthly income. Based on the lack of sufficient information, and considering the funds available in plaintiff's checking account, 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 August 26, 2020 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 August 26, 2020, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Frank P. Geraci, Jr. on 7/27/20. (NNR)-CLERK TO FOLLOW UP- |
| 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) (JD) |
| 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. (JD) |
| Case placed in Social Security Assignment Pool. (JD) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Tonya Fry.(Hiller, Kenneth) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Tonya Fry. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Summons, #5 Summons, #6 Summons)(Hiller, Kenneth) |
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| Plaintiff: Tonya Fry | |
| Represented By: | Kenneth R. Hiller |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Peter William Jewett |
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