Franklin v. Commissioner of Social Security
| Tina Louise Franklin |
| Commissioner of Social Security |
| 2:2023cv02048 |
| February 1, 2023 |
| US District Court for the Western District of Tennessee |
| Samuel H Mays |
| Tu M Pham |
| Social Security: Black Lung |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 SOCIAL SECURITY SCHEDULING ORDER: Pursuant to the Supplemental Rules for Social Security Actions Under 42 USC 405(g), effective December 1, 2022, Defendant has 60 days to file an answer, which may be limited to a certified copy of the administrative record, and to any affirmative defenses under Civil Rule 8(c). Plaintiff must file and serve on the Commissioner a brief for the requested relief within 30 days after the answer is filed or 30 days after entry of an order disposing of the last remaining motion filed under Rule 4(c), whichever is later. The Commissioner must file a brief and serve it on Plaintiff within 30 days after service of Plaintiff's brief. Plaintiff may file a reply brief and serve it on the Commissioner within 14 days after service of the Commissioner's brief. The Parties' briefs must support assertions of fact by citations to particular parts of the record. Federal Rule 6(b)(1) remains available to the parties. To the extent not superseded by the Supplemental Rules, the Local Rules of the Court remain in effect for Social Security Appeals. Signed by Clerk of Court on 3/30/23. (cdi) |
Filing 7
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Chief Magistrate Judge Tu M. Pham on February 28, 2023. (cmp)
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| Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae) |
| Filing 5 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Administrative track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae) |
| Filing 4 NOTICE OF ELECTRONIC FILING TO SSA: Compliance with Rule 3 of the Supplemental Rules for Social Security Actions Under 42 USC 405(g), effective December 1, 2022, has been met by transmittal of a Notice of Electronic Filing to the Social Security Administration's Office of General Counsel and to the United States Attorney. As a result of the notice to the Office of General Counsel (SSA Commissioner), Plaintiff is NOT required to serve the summons and complaint. (jae) |
| Filing 3 Judge Samuel H. Mays, Jr and Chief Magistrate Judge Tu M. Pham added. (jae) (agj). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Tina Louise Franklin. (Carr, April) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Tina Louise Franklin. (Attachments: #1 Exhibit A: Notice of Appeal Council Action, #2 Civil Cover Sheet)(Carr, April) (Additional attachment(s) added on 2/3/2023: #3 Judicial assignment cards) (jae). |
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| Plaintiff: Tina Louise Franklin | |
| Represented By: | April Adams Carr |
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| Defendant: Commissioner of Social Security | |
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