Mortensen v. Commissioner of Social Security
Plaintiff: Holly A. Mortensen
Defendant: Commissioner of Social Security
Case Number: 6:2020cv06863
Filed: October 20, 2020
Court: US District Court for the Western District of New York
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. ยง 405
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 30, 2020 Opinion or Order Filing fee: $ 400, receipt number BUF070054 (TF)
October 27, 2020 Opinion or Order Filing 5 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff indicates that she is not employed, and does not receive child support, government benefits, or any other financial support from any other sources. She indicates that her husband is self employed, but states his gross monthly wages as "N/A". She indicates that her only expense is food, but it is unclear how Plaintiff is supporting herself and providing for such expense or any other expenses that she might have. It is also unclear from her application whether several individuals, whom she listed as residing in her household, do in fact, reside with Plaintiff or some place else. It appears that they might be contributing to the household, however, plaintiff's application is unclear about what expenses, except for food, she has that need contribution from others. 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 27, 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 November 27, 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 10/27/20. (NNR)-CLERK TO FOLLOW UP-
October 27, 2020 Opinion or Order Filing 4 NOTICE of Appearance by Joshua L. Kershner on behalf of Commissioner of Social Security (Kershner, Joshua)
October 21, 2020 Opinion or Order 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)
October 21, 2020 Opinion or Order 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)
October 21, 2020 Opinion or Order Case placed in Social Security Assignment Pool. (JD)
October 20, 2020 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by Holly A. Mortensen.(Hiller, Kenneth)
October 20, 2020 Opinion or Order Filing 1 COMPLAINT against Commissioner of Social Security, filed by Holly A. Mortensen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Summons, #4 Summons, #5 Summons, #6 Civil Cover Sheet)(Hiller, Kenneth)

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Defendant: Commissioner of Social Security
Represented By: Joshua L. Kershner
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Plaintiff: Holly A. Mortensen
Represented By: Kenneth R. Hiller
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