DARBY v. O'MALLEY
| ARTHUR DONALD DARBY, JR. |
| MARTIN O'MALLEY |
| 1:2024cv00108 |
| February 12, 2024 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| Plaintiff |
Docket Report
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| Document Text |
|---|
| Filing 9 BRIEF filed by Defendant MARTIN O'MALLEY re #8 MOTION to Dismiss for Lack of Jurisdiction filed by MARTIN O'MALLEY. (FELDMAN, WILLIAM) |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction by MARTIN O'MALLEY. Response to Motion due by 4/8/2024 (Attachments: #1 Memorandum in Support, #2 Exhibit)(FELDMAN, WILLIAM) |
| Filing 7 NOTICE of Attorney Appearance by attorney WILLIAM FELDMAN on behalf of Defendant MARTIN O'MALLEY (FELDMAN, WILLIAM) |
| Filing 6 RESPONSE by Plaintiff ARTHUR DONALD DARBY, JR. to Text Order on Motion for Application to Proceed IFP entered on 02/26/2024. (Attachments: #1 Envelope - Front and Back)(at) |
| TEXT ORDER terminating #1 Application to Proceed in District Court without Prepaying Fees or Costs, in light of filing of #5 Amended Application to Proceed in District Court without Prepaying Fees or Costs. Issued by MAG/JUDGE L. PATRICK AULD on 02/26/2024. (AULD, L.) |
| TEXT ORDER (A) denying #5 Amended Application to Proceed in District Court without Prepaying Fees or Costs, and (B) requiring Plaintiff to pay the filing fee by 04/05/2024. In #5 Amended Application, Plaintiff reported income of almost $1500 per month, but expenses of only about $600 a month. Given that difference, the Court cannot find that Plaintiff lacks the means to pay the filing fee in this case. Failure by Plaintiff to comply with this Text Order shall result in the dismissal of this action without prejudice. Issued by MAG/JUDGE L. PATRICK AULD on 02/26/2024. (AULD, L.) |
| Motions Referred: RE: #5 Amended APPLICATION to Proceed IFP, to MAG/JUDGE L. PATRICK AULD (at) |
| Filing 5 AMENDED APPLICATION to Proceed IFP by ARTHUR DONALD DARBY, JR. (Attachments: #1 Envelope - Front and Back) (at) |
| Motions Referred: to MAG/JUDGE L. PATRICK AULD RE: #1 APPLICATION to Proceed IFP. (al) |
| Case ASSIGNED to UNASSIGNED and MAG/JUDGE L. PATRICK AULD. (al) |
| TEXT ORDER (A) deferring ruling on #1 Application to Proceed in District Court without Prepaying Fees or Costs; and (B) requiring Plaintiff to file, on or before 03/06/2024, a supplement, signed under oath or penalty of perjury, explaining how he pays the costs of his basic needs, such as food and shelter. In #1 Application, Plaintiff claimed no sources of financial support and no expenses (although he identified three minors as depending upon him for their support). If Plaintiff leads a homeless existence and receives no regular forms of support, he may simply so state; however, if family members or friends regularly provide Plaintiff with the means to meet his basic needs, he must disclose that support and explain why those persons cannot pay the costs that pauper status otherwise would cover. Failure by Plaintiff to comply with this Text Order shall result in the denial of #1 Application. Issued by MAG/JUDGE L. PATRICK AULD on 02/14/2024. (AULD, L.) |
| Filing 4 Notice of Signed Pro Se Electronic Service Consent by ARTHUR DONALD DARBY, JR MRDARBYJR@GMAIL.COM. (lg) |
| Filing 3 CIVIL COVER SHEET. (lg) |
| Filing 2 COMPLAINT against MARTIN O'MALLEY, filed by ARTHUR DONALD DARBY, JR. (Attachments: #1 Envelope - Front and Back) (lg) |
| Filing 1 APPLICATION to Proceed IFP filed by ARTHUR DONALD DARBY, JR. (lg) |
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| Plaintiff: ARTHUR DONALD DARBY, JR. | |
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| Defendant: MARTIN O'MALLEY | |
| Represented By: | SSA NOTICING |
| Represented By: | US ATTORNEY'S OFFICE-SOCIAL SECURITY NOTICING |
| Represented By: | WILLIAM FELDMAN |
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