Shearer v. Commissioner of Social Security
| Z. D.S. and Eric Shearer |
| Commissioner of Social Security |
| SSA |
| 1:2023cv00163 |
| March 21, 2023 |
| US District Court for the Southern District of Ohio |
| Kimberly A Jolson |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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| Filing 7 First CERTIFIED ADMINISTRATIVE RECORD filed by Defendant Statement of Errors due by 7/3/2023. (Attachments: #1 Court Transcript Index, #2 Documents Related to Administrative Process, Including Transcript of Oral Hearing, if applicable, #3 Payment Documents and Decisions, #4 Jurisdictional Documents and Notices, #5 Non Disability Related Development, #6 Disability Related Development, #7 Medical Records Part 1, #8 Medical Records Part 2, #9 Medical Records Part 3) (Stark, John) |
| CLERK'S NOTICE: As no party has indicated on the previously issued #3 Statement as to Magistrate Judge Jurisdiction Form that they are withholding their consent to Magistrate Judge jurisdiction, the case will remain with the assigned Magistrate Judge for all matters, including entry of a final judgment pursuant to General Order 22-04. (jmb) |
| Filing 6 COMPLAINT filed by Eric S. against Commissioner of Social Security. (er) |
Filing 5
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Defendant must file and serve on Plaintiff a certified copy of the Administrative Record within 60 days after filing of the Social Security Identification form. Plaintiff must serve a Statement of Errors within 45 days after service of the administrative record. Defendant must serve and file a Memo in Opp to Plaintiff's Statement of Errors within 45 days. Plaintiff may file and serve a Reply Memo within 15 days thereafter. In cases decided by a Magistrate Judge upon the unanimous consent of the parties under 28 U.S.C. 636(c), appeals may be taken as provided by law. In cases in which the Magistrate Judge files a report and recommendations to a District Judge on the merits of the case, the time for filing objections and responses to objections is the fourteen-day period provided by 28 U.S.C. 636(b) and Fed. R. Civ. P. 72, unless modified by the Court. Signed by Magistrate Judge Kimberly A. Jolson on 3/22/2023. (er)
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| Filing 3 Statement As To Magistrate Judge Jurisdiction Form. The completed Statement As To Magistrate Jurisdiction Form shall be completed and emailed to the Court's Social Security Case Coordinator at, SSA_Coordinator@ohsd.uscourts.gov or mailed to: Office of the ClerkWalter H. Rice Federal Buildingand U.S. CourthouseRoom 712Attn: Social Security Coordinator200 W. Second StreetDayton, Ohio 45402DO NOT ELECTRONICALLY FILE THIS DOCUMENT, IT MUST BE MAILED TO THE ABOVE ADDRESS OR EMAILED TO SSA_Coordinator@ohsd.uscourts.gov. The completed Statement As To Magistrate Judge Jurisdiction Form due by 4/21/2023 (jmb) |
| Filing 2 CLERK'S NOTICE and GENERAL ORDER 22-04: Pursuant to #S.D. Ohio General Order 22-04, if no party indicates that they are withholding their consent to Magistrate Judge jurisdiction, the case will remain with the assigned Magistrate Judge for all matters, including entry of a final judgment. Further, the filing of a party's statement of errors or memorandum in opposition without first filing an executed copy of the Statement as to Magistrate Judge Jurisdiction Form will also be deemed as consent by that party to Magistrate Judge jurisdiction over all aspects of the litigation, including entry of a final judgment. (jmb) |
| Notice of Correction: Please note the Plaintiffs name has been corrected to reflect the guardian of the minor plaintiff not otherwise identified by his or her full name in accordance with the Party Naming Standards available at #http://www.ohsd.uscourts.gov. No further action is required. (jmb) |
| Notice of Deficiency re: Related Document: #1 MOTION for Leave to Proceed in forma pauperis filed by Eric Shearer. Pursuant to S.D. Ohio Civ. R. 8.1.A(a), in cases arising under 42 U.S.C. 405(g) or 42 U.S.C. 1383(c)(3), the plaintiff will file a Complaint with the Clerk, along with a Social Security Identification Form containing the full name and complete Social Security number of the plaintiff. Service will be considered complete when the CM/ECF system generates electronic service of the Complaint and Social Security Identification Form on the U.S. Attorneys Office for the Southern District of Ohio and Regional Counsel for the Social Security Administration. Please locate the SSID form on the Courts website at #https://www.ohsd.uscourts.gov/ohio-southern-district-forms Deficiency Deadline by 4/21/2023. (jmb) |
| Set/Reset Deadlines: Commissioner of Social Security shall file the electronic certified administrative record and answer or respond to the Complaint by 5/22/2023. (jmb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Plaintiff Eric Shearer, on behalf of Z.D.S., a minor. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 Affidavit, #4 Text of Proposed Order) (Barr, Rachel) Modified on 3/22/2023 to update party (jmb). |
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