CRAWFORD v. KIJAKAZI
| ELLIOT CRAWFORD |
| KILOLO KIJAKAZI |
| SOCIAL SECURITY ADMINISTRATION |
| 1:2022cv00545 |
| July 14, 2022 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
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Filing 8
ORDER REQUIRING RESPONSE REGARDING REFERENCE TO A MAGISTRATE JUDGE. IT IS THEREFORE ORDERED that Notice is given that many districts around the country have had great success in encouraging consent to magistrate judges in social security appeal cases. Maximizing dispositions on consent rather than through reports and recommendations maintains the just, speedy, and inexpensive determination of these cases, as well as realizing the benefits of bringing about a quicker resolution of the appeal than the report and recommendation process. Consistent with the direction of the Administrative Office of the United States Courts, this Court reminds the government and members of the social security bar of the consent option, and its time savings for litigants. IT IS FURTHER ORDERED that counsel for the Parties consult with their clients concerning the foregoing and complete and return the attached MDNC Form 85 within 30 days informing the Clerk's Office as to whether or not they consent to disposition by a U.S. Magistrate Judge. Entered at the direction of the Chief Judge. (Attachments: #1 NCMD Form 85 Consent) (Bowers, Alexis)
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| Filing 7 NOTICE to Parties in Social Security Case. Plaintiffs Dispositive Motions due by 10/24/2022. Defendants Dispositive Motions due by 12/23/2022. (Bowers, Alexis) |
| Filing 6 SEALED ADMINISTRATIVE RECORD IN SSA CASES filed by Plaintiff ELLIOT CRAWFORD, Defendant KILOLO KIJAKAZI. The record is available in paper format at the Clerk's Office. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10, #10 Part 11)(ADAM, ANTONIA) |
| Filing 5 ANSWER to #2 Complaint by KILOLO KIJAKAZI. (ADAM, ANTONIA) |
| Filing 4 AFFIDAVIT OF SERVICE ON GOVERNMENT as to KILOLO KIJAKAZI served on 7/29/2022, answer due 9/27/2022. as to (Attachments: #1 proof of service)(PATTON, AMELIA) |
| Filing 3 Summons Issued as to KILOLO KIJAKAZI, U.S. Attorney and U.S. Attorney General. (Carter, Alexus) |
| Receipt of Funds in the amount of $ 402.00. Receipt Number: NCM058132. (Carter, Alexus) |
| TEXT ORDER denying #1 Application to Proceed in District Court without Prepaying Fees or Costs and requiring Plaintiff to pay the filing fee by 09/09/2022. According to #1 Application, the monthly income for Plaintiff and his spouse exceeds their monthly expenses by approximately $900 (even with an extremely high sum of $750 attributed to transportation expenses, in addition to motor vehicle installment payments and motor vehicle insurance payments). Moreover, the monthly income figure for Plaintiff's spouse ($2,598) appears to reflect a net amount, as #1 Application also lists a gross monthly pay figure for Plaintiff's spouse of $3,717. Additionally, #1 Application discloses substantial bank account funds. Although #1 Application attributes some of those funds to a draw on a line of credit intended for home improvements, #1 Application also includes within its monthly expense figure $200 for home improvements. If home improvement payments come from the bank account funds, then an additional $200 in monthly income would become available (on top of the approximately $900 monthly net difference between monthly income and monthly expenses). Given all of these considerations, the Court concludes that Plaintiff possesses the ability to pay the filing fee and any other expenses that pauper status would cover. Failure by Plaintiff to pay the filing fee as directed shall result in the dismissal without prejudice of this action. Issued by MAG/JUDGE L. PATRICK AULD on 07/20/2022. (AULD, L.) |
| Case ASSIGNED to UNASSIGNED and MAG/JUDGE L. PATRICK AULD. (Carter, Alexus) |
| Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #1 APPLICATION to Proceed IFP. (Carter, Alexus) |
| Filing 2 COMPLAINT against All Defendants, filed by ELLIOT CRAWFORD.(PATTON, AMELIA) |
| Filing 1 APPLICATION to Proceed IFP () by ELLIOT CRAWFORD. (PATTON, AMELIA) |
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