McNerlin v. Commissioner of Social Security
| James D. McNerlin |
| Commissioner of Social Security |
| SSA |
| 2:2023cv01155 |
| March 31, 2023 |
| US District Court for the Southern District of Ohio |
| Sarah D Morrison |
| Peter B Silvain |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
Docket Report
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| Document Text |
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| Filing 8 First CERTIFIED ADMINISTRATIVE RECORD filed by Defendant Statement of Errors due by 7/10/2023. (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: Pursuant to #S.D. Ohio General Order 22-04, there is no unanimous consent to Magistrate Judge jurisdiction. The Clerk of Court is DIRECTED to randomly assign this case to a resident District Judge. (jmb) |
| Judge Sarah D. Morrison and Magistrate Judge Peter B. Silvain, Jr. added. (jmb) |
| Filing 7 COMPLAINT against Commissioner of Social Security, filed by James D. McNerlin. (jmb) |
Filing 6
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. In accordance with the Southern District of Ohio Civil Rule 8.1, the Commissioner shall file and serve a certified copy of the administrative record within sixty (60) days after filing of the Social Security Identification Form, which copy shall function as the Answer. Plaintiff must file a Statement of Errors within forty-five (45) days after filing of the administrative record setting forth the bases upon which reversal or remand is sought. The Commissioner must file and serve a Memorandum in Opposition to Plaintiff's Statement of Errors within forty-five (45) days after service of the Statement of Errors. Plaintiff's Reply, if any, must be filed fifteen (15) days after the memorandum in opposition is filed. All briefing must include references to the administrative record. Signed by Magistrate Judge Peter B. Silvain, Jr. on 03/31/2023. (jmb)
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| Filing 5 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 5/1/2023 (jmb) |
| Filing 4 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) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9347748) of David Chermol by Plaintiff James D. McNerlin. (Attachments: #1 Exhibit Certificate of Good Standing) (Farrell, Clifford) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Plaintiff James D. McNerlin. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Complaint) (Farrell, Clifford) |
| Set/Reset Deadlines: Commissioner of Social Security shall file the electronic certified administrative record and answer or respond to the Complaint by 5/30/2023. (jmb) |
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NOTATION ORDER granting #3 Motion for Leave to Appear Pro Hac Vice of David Chermol as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Peter B. Silvain, Jr. on 03/31/2023. (jmb)
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