Smith v. Commissioner of Social Security
| Alan E Smith |
| Commissioner of Social Security |
| 6:2022cv06230 |
| May 20, 2022 |
| 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 May 25, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing fee received in the amount of $402.00, receipt number BUF75788. (RE) |
| Filing 5 NOTICE of Appearance by Sergei Aden on behalf of Commissioner of Social Security (Aden, Sergei) |
| Filing 4 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff indicates that he is not employed, and receives food stamps and $200 from his mother-in-law to cover his rent and utilities. Plaintiff resides with his girlfriend and three daughters, two of whom are employed and contribute to his household expenses. However, plaintiff's application is silent as to the exact contributions he receives from his daughters, and is unclear as to the sources of income plaintiff receives to cover the rest of his rent and utilities that are not covered by the contributions he receives from his mother-in-law. 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 June 22, 2022 to (1) re-file his 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 June 22, 2022, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Elizabeth A. Wolford on 5/23/22. (NNR) |
| 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) (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) |
| Case placed in Social Security Assignment Pool. (TMK) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Alan E Smith.(Hiller, Kenneth) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Alan E Smith. (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)(Hiller, Kenneth) |
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| Plaintiff: Alan E Smith | |
| Represented By: | Kenneth R. Hiller |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Sergei Aden |
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