Gibson v. Commissioner of the Social Security Administration
Plaintiff: Maxine Mitchum Gibson
Defendant: Commissioner of the Social Security Administration
Interested Party: Social Security Administrative Record
Case Number: 5:2020cv02666
Filed: July 17, 2020
Court: US District Court for the District of South Carolina
Presiding Judge: R Bryan Harwell
Nature of Suit: Social Security: SSID Tit. XVI
Cause of Action: 42:405
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 20, 2020 Filing 9 JUDGMENT: This case is dismissed without prejudice. (prou, )
July 20, 2020 Opinion or Order Filing 6 TEXT ORDER granting #5 Motion to Dismiss without prejudice. Signed by Chief Judge R Bryan Harwell on 7/20/2020.(tmcb, )
July 20, 2020 Filing 5 MOTION to Dismiss without prejudice by Maxine Mitchum Gibson. Response to Motion due by 8/3/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Kaymani D West.(Mayes, W)
July 20, 2020 Opinion or Order Filing 4 TEXT ORDER. In accordance with the policy of the Judicial Conference of the United States, the Administrative Office of the United States Courts (AOUSC) recently completed a Survey of Magistrate Judge Positions in the District of South Carolina. The report is a district-wide review of the court's magistrate judge positions. By local rule, all social security appeals are automatically referred to magistrate judges on a district-wide rotation for reports and recommendations or final disposition by consent of the parties. According to the report, for the period of 2015-2019, social security appeals in this district increased by 37 percent, and felony criminal cases increased by over 16 percent. The Federal Magistrates Act of 1968 established the magistrate judge's system as a supplemental judicial resource to assist the district courts and provide better service to litigants.The AOUSC report notes that in 2019, of the 350 social security appeals decided in the District of South Carolina, only 27 (7.7 percent) were disposed of by magistrate judges with the parties' consent. According to the report:"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 could be part of the court's strategy, to the extent it is feasible, for maintaining the just, speedy, and inexpensive determination of these cases, as well as realizing the benefits of consent outlined below. Consent to disposition by the magistrate judge can bring about a quicker resolution of the appeal than the report and recommendation process." "Therefore, the court may wish to remind the government and members of the social security bar of the consent option, and its time savings for litigants, by appropriate means (e.g., form letters to parties, status conferences, speaking engagements before the bar)."Pursuant to 28 U.S.C. 631, United States Magistrate Judges are appointed by the district court. Such appointments are made after a rigorous application and screening process. Pursuant to 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, a United States Magistrate Judge may, upon consent of the parties, conduct any or all proceedings in a jury or nonjury civil matter and enter a final order in the case.While parties have the right to adjudication of such matters by a District Judge and may withhold consent without adverse substantive consequences, consideration should be given to the referral of social security appeals to a United States Magistrate Judge for final disposition. The U.S. Attorney for the District of South Carolina has entered a Standing Consent Agreement for such referrals. See 3:04-mc-5005.Accordingly, counsel for the Plaintiff is directed to consult with the Plaintiff concerning the foregoing and shall file a status report within 30 days informing the court as to whether Plaintiff consents to disposition by a United States Magistrate Judge. If Plaintiff consents, AO Form 85, found at https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge, may be filed in lieu of a status report. Signed by Chief Judge R Bryan Harwell on 7/20/2020. (tmcb, )
July 20, 2020 Filing 3 Summons Issued as to Commissioner of the Social Security Administration, U.S. Attorney and U.S. Attorney General. (prou, )
July 17, 2020 Filing 1 COMPLAINT against Commissioner of the Social Security Administration ( Filing fee $ 400 receipt number 0420-9225181.) Clerk's Note: See 28:636(b)(1)(C)(4)(c)(1) and Local Rule 83.VII.02 regarding Consents to Proceed before Magistrate Judge in Social Security cases. Consent to Proceed before Magistrate Judge forms are available on the Court's website., filed by Maxine Mitchum Gibson. Service due by 10/15/2020.(prou, )

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Interested party: Social Security Administrative Record
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Defendant: Commissioner of the Social Security Administration
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Plaintiff: Maxine Mitchum Gibson
Represented By: W Daniel Mayes
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