Perez v. Commissioner of Social Security
Plaintiff: Jose David Perez
Defendant: Commissioner of Social Security
Case Number: 6:2024cv06092
Filed: February 9, 2024
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 Review of HHS Decision (DIWC)
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2024 Filing 7 TEXT ORDER granting #6 Motion for Extension of Time to File plaintiff's brief in support of plaintiff's motion for judgment on the pleadings by April 26, 2024. Signed by Hon. Elizabeth A. Wolford on 4/1/24. (NNR)
March 27, 2024 Filing 6 Consent MOTION for Extension of Time to File Plaintiff's Brief until April 26, 2024 by Jose David Perez.(Murray, Jeanne)
February 26, 2024 Filing 5 TRANSCRIPT (Social Security) . (Lechleitner, Andreea)
February 14, 2024 Filing fee received: $ 405.00, receipt number 100003853. (DMK)
February 13, 2024 Filing 4 NOTICE of Appearance by Andreea Laura Lechleitner on behalf of Commissioner of Social Security (Lechleitner, Andreea)
February 12, 2024 Filing 3 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff indicated that he is not employed and that he lives with his family that covers his living costs. Plaintiff's application is, however, completely silent as to his household expenses and their amounts, as well as the amount his family contributes to cover such expenses as paragraphs 2(g), 9, and 10 require. 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 March 12, 2024, to (1) re-file his application using the Court's standard form with all of the relevant information included, or (2) pay the $405.00 filing fee. If plaintiff has not complied with either of these options by March 12, 2024, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Elizabeth A. Wolford on 2/12/24. (NNR)Clerk to Follow up
February 9, 2024 Filing 2 MOTION for Leave to Proceed in forma pauperis by Jose David Perez.(Comerford, Ida)
February 9, 2024 Filing 1 COMPLAINT against Commissioner of Social Security, filed by Jose David Perez. (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, #7 WITHDRAWL OF CONSENT OF MAGISTRATE)(Comerford, Ida)
February 9, 2024 Case placed in Social Security Assignment Pool. (TMK)
February 9, 2024 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)
February 9, 2024 NOTICE regarding service of #1 Complaint, in a Social Security case: Commissioner of Social Security answer due 4/9/2024.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)

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Plaintiff: Jose David Perez
Represented By: Ida M. Comerford
Represented By: Jeanne Elizabeth Murray
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Defendant: Commissioner of Social Security
Represented By: Andreea Laura Lechleitner
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