Howard v. Social Security Administration
| Jonathan Howard |
| Social Security Administration |
| 5:2022cv00829 |
| May 19, 2022 |
| U.S. District Court for the Northern District of Ohio |
| Solomon Oliver |
| Thomas M Parker |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 Notice of Service of a copy of Defendant's Notice of Removal and Motion to Dismiss with attached Memorandum in Support filed by Social Security Administration. (Asher, Ruchi) |
| Copy of Order re Motion for appointment of counsel, mailed to Jonathan Howard, 726 Hogue Avenue, Akron, OH 44310 on 7/11/2022. (D,JJ) |
Order [non-document]: The court acknowledges plaintiff Jonathan Howard's motion for court-appointed counsel. ECF Doc. #5 . The court will discuss Howard's request for court-appointed counsel at the July 20, 2022 status conference. In the meantime, the motion will be HELD IN ABEYANCE. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 7/11/2022. (D,JJ)
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| Address update as of 7/11/2022: Plaintiff Howard's old address: P.O. Box 2842, Akron, OH 44309. Plaintiff Howard's new address: 726 Hogue Avenue, Akron, OH 44310. (D,JJ) |
| Copy of Order [non-document] dated 7/11/2022 mailed to Jonathan Howard, 726 Hogue Avenue, Akron, OH 44310 on 7/11/2022. (D,JJ) |
Order [non-document]: Plaintiff Jonathan Howard has filed a motion to reschedule the June 17, 2022 telephone status conference and to change his address of record. ECF Doc. #4 . Because the June 17, 2022 status conference already took place and a new status conference has been scheduled for July 20, 2022, Howard's motion is DENIED IN PART as to his request to reschedule. Howard's motion is GRANTED as to his request to change his address of record to: 726 Hogue Ave., Akron, OH 44310. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 7/11/2022. (D,JJ)
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| Filing 5 Motion for Attorney to be Appointed filed by Plaintiff Jonathan Howard. (Attachments: #1 Envelope) (M,CE) |
| Filing 4 Motion (Request) for Phone Conference to be Rescheduled, Change of Address filed by Plaintiff Jonathan Howard. (Attachments: #1 Envelope) (M,CE) |
Order [non-document]: In light of plaintiff Jonathan Howard's phone call, the court ORDERS that a status conference be set for 7/20/2022 at 09:00 AM to be held telephonically before Magistrate Judge Thomas M. Parker. Call-in instructions will be sent to the parties. Magistrate Judge Thomas M. Parker on 7/6/2022. (D,JJ)
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| Copy of Notice [non-document] and Order [non-document] both dated 7/6/2022 mailed to Jonathan Howard at P.O. Box 2842, Akron, OH 44309 on 7/6/2022, and also mailed to Jonathan Howard at 726 Hogue Avenue, Akron, OH 44310 on 7/6/2022. Mr. Howard was also notified by telephone call on 7/6/2022 of the status conference and call-in instructions. (D,JJ) |
| Notice [non-document] of Plaintiff's Communication with Chambers: On July 5, 2022, plaintiff Jonathan Howard contacted the Clerk's Office by telephone regarding this matter, which forwarded his call to the court's courtroom deputy. Howard indicated that he was unaware of the status of his case, which he attributed to mail theft of his P.O. Box. Howard was informed that he could access the docket electronically through PACER (http://www.pacer.gov/) or through one of the public terminals at the courthouse, but Howard disclaimed knowledge on how to use the internet and stated that his disability prevented him from coming to the court in person. Howard was also told that he could provide the court with a good address at which he could receive notice of the court's orders. He denied, however, having an alternative address at this time. (D,JJ) |
| Copy of 6/17/2022 Minutes of Proceedings/Order mailed to Jonathan Howard, P.O. Box 2842, Akron, OH 44309 on 6/17/2022. (D,JJ) |
| Minutes of Proceedings/Order [non-document]: Telephone Status Conference held on 6/17/2022 before Magistrate Judge Thomas M. Parker. The court scheduled a telephone status for June 17, 2022 at 11:30 a.m. to discuss with the parties the nature of plaintiff Jonathan Howard's claims and case management. At the appointed time, only defense counsel Ruchi V. Asher and ECRO Corey McCardle called into the conference. After some time to allow for Mr. Howard to call in, the court went on the record to describe the nature and purpose of the conference, the participants, Mr. Howard's absence, and the way notice of the conference was delivered to Mr. Howard. Specifically, notice was sent by mail to his address of record. The court acknowledged defendant's pending motion to dismiss (ECF Doc. #3 ) and stated that it would take no action on the motion until after the 30 days allowed by Local Rules for Mr. Howard to respond expired. Accordingly, the court ORDERS that Mr. Howard's response to defendant's motion to dismiss must be filed, if at all, no later than June 23, 2022. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 6/17/2022. (Court Reporter/ECRO: C. McCardle. Time: 10 minutes). (D,JJ) |
| Copy of Notice of Status Conference and Instructions for participating by telephone mailed to Jonathan Howard, P.O. Box 2842, Akron, OH 44309 on 6/2/2022. (D,JJ) |
| IMPORTANT Notice [non-document] of Status Conference set for 6/17/2022 at 11:30 AM to be held telephonically before Magistrate Judge Thomas M. Parker. Call-in instructions will be sent to the parties. (D,JJ) |
| Automatic Reference [non-document] of Administrative Action to Magistrate Judge Thomas M. Parker pursuant to Local Rule 72.2. Judge Solomon Oliver, Jr. on 6/2/2022. (R,Sh) |
| Filing 3 Motion to dismiss for lack of jurisdiction , Motion to dismiss for failure to state a claim filed by Defendant Social Security Administration. (Attachments: #1 Memorandum in Support). (Asher, Ruchi) |
| Filing 2 Administrative Track DCM Initial Order. Chief Judge Patricia A. Gaughan. (H,Ch) |
| Notice of Social Security Complaint: Pursuant to Local Rule 16.3.1, the Clerk shall issue this Notice of Electronic Filing to notify the appropriate Regional Social Security Administration Office of General Counsel and the United States Attorney's Office of the filing of this case. No summonses will issue. The certified administrative record shall be filed by the Social Security Administration within 60 days of this Notice. (H,Ch) |
| Judge Solomon Oliver, Jr assigned to case. (H,Ch) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (H,Ch) |
| Filing 1 Notice of Removal from Akron Municipal Court, case number 22-CVI-02337 . Filing fee exempt. Filed by Social Security Administration. (Attachments: #1 Complaint Exhibit A, #2 Civil Cover Sheet) (Asher, Ruchi) |
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| Plaintiff: Jonathan Howard | |
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| Defendant: Social Security Administration | |
| Represented By: | Ruchi V. Asher |
| Represented By: | Cara Staley Rafferty |
| Represented By: | Social Security Administration - Chicago |
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Order [non-document]: The court acknowledges plaintiff Jonathan Howard's motion for court-appointed counsel. ECF Doc. #5 . The court will discuss Howard's request for court-appointed counsel at the July 20, 2022 status conference. In the meantime, the motion will be HELD IN ABEYANCE. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 7/11/2022. (D,JJ)