Curry v. Commissioner of Social Security
| David Curry |
| Commissioner of Social Security |
| 6:2023cv06510 |
| September 1, 2023 |
| 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 September 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Civil Filing fee received on 9/15/23 in the amount of $402.00, receipt number 100002704. (RE) |
| Filing 4 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff is not employed and does not receive government benefits. He lives alone and states that his wife, who does not reside with plaintiff, pays all his bills. He states that he does not know what his bills are. While this might be true in some limited circumstances when one might not be aware of his exact mortgage or utilities amount, other personal expenses, such as those related to food, clothing, or transportation, can be approximated very easily. Based on the lack of sufficient information about plaintiff's expenses, 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 October 13, 2023, 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 October 13, 2023, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Elizabeth A. Wolford on 9/13/23. (NNR)Clerk to Follow up |
| Filing 3 NOTICE of Appearance by Lauren Elizabeth Myers on behalf of Commissioner of Social Security (Myers, Lauren) |
| NOTICE regarding service of #1 Complaint, in a Social Security case: Commissioner of Social Security answer due 11/6/2023.Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk issues this Notice of Electronic Filing to the Regional Social Security Administration's Office of General Counsel and the United States Attorney's Office for the Western District of New York. No summons will issue. (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 David Curry.(Comerford, Ida) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by David Curry. (Attachments: #1 Exhibit A-Notice of Decision-Unfavorable, #2 Summons, #3 Summons, #4 Summons, #5 Civil Cover Sheet, #6 WITHDRAWAL OF CONSENT OF MAGISTRATE)(Comerford, Ida) |
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| Plaintiff: David Curry | |
| Represented By: | Ida M. Comerford |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Lauren Elizabeth Myers |
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