Gayton v. Commissioner of Social Security
| Avis Clyde Gayton |
| Commissioner of Social Security |
| 6:2022cv06319 |
| July 25, 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 August 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing fee received: $ 402.00, receipt number BUF076493. (KM) |
| Filing 5 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis. Plaintiff indicates that he is not employed, yet he also states that he receives $2,020 in monthly wages. Plaintiff also receives social security disability, as well as other government benefits, in the total amount of $732 per month. He lives alone and identifies his monthly expenses to be $754 per month. Because plaintiff's income exceeds his monthly expenses, the Court finds that plaintiff has not put forth sufficient indications of indigency, and therefore, his motion is denied. Plaintiff has until September 6, 2022 to pay the $402.00 filing fee. If plaintiff does not pay the filing fee or otherwise seek relief from this Order by September 6, 2022, the Clerk of Court will dismiss this case without prejudice without further order. Signed by Hon. Elizabeth A. Wolford on 8/4/22. (NNR)Clerk to Follow up |
| Filing 4 NOTICE of Appearance by Jason Parkerson Peck on behalf of Commissioner of Social Security (Peck, Jason) |
| 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) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Avis Clyde Gayton.(Comerford, Ida) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Avis Clyde Gayton. (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)(Comerford, Ida) |
| 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) |
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| Plaintiff: Avis Clyde Gayton | |
| Represented By: | Ida M. Comerford |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Jason Parkerson Peck |
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