De Los Santos v. Commissioner of Social Security
| Ida De Los Santos |
| Commissioner of Social Security |
| Social Security Administration - Interested Party |
| 1:2021cv00206 |
| November 15, 2021 |
| U.S. District Court for the Northern District of Texas |
| James Wesley Hendrix |
| John R Parker |
| Social Security: DIWC/DIWW (405(g)) |
| 42 U.S.C. § 405 |
| None |
Docket Report
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| Filing 11 SUMMONS Returned Executed as to Commissioner of Social Security (Office of General Counsel, US Attorney's Office, Region VI SSA, and Attorney General of the US) served on 12/17/2021. (amg) |
| Filing 10 Summons Issued as to Commissioner of Social Security (Commissioner of Social Security, Attorney General of the United States, Region VI Social Security Administration, United States Attorney's Office). **Clerk's Note: summonses hand-delivered to USMS-Abilene with Petitioner's Complaint (Doc 1), Notice and Election Regarding Consent to Proceed Before a U.S. Magistrate Judge and Order (Doc 9). (Attachments: #1 USM-285) (amg) |
Filing 9
ORDER. It is ORDERED that: Plaintiff's request to proceed in forma pauperis #2 is GRANTED. The Clerk is directed to complete Form USM-285 and issue summons to the Defendant; The Clerk is directed to provide (a) Form USM- 285, (b) the completed summons, (c) Plaintiff's Complaint, (d) a blank Notice and Election Regarding Consent to Proceed Before a United States Magistrate Judge, and (d) a copy of this Order to the United States Marshal (USM) for service upon Defendant as provided in Rule 4(c)(3). The USM must, within thirty (30) days of the date of this Order, complete service upon Defendant as required by Rule 4(i) by serving: Commissioner of Social Security, Office of General Counsel; Attorney General of the United States; Region VI, Social Security Administration; and United States Attorney's Office Northern District of Texas. Although the Court has directed the USM to serve the Defendant, it is ultimately the Plaintiff's responsibility to ensure that the Defendant is timely served under Rule 4(m). Rule 4(m) provides that a failure to timely serve a defendant may result in the dismissal of the action without prejudice against that defendant. A return of service which indicates that a defendant was not served is notice to Plaintiff of a defect in service. Once Plaintiff receives notice of a service defect, Plaintiff must attempt to remedy that defect. Once served, Defendant shall file a written answer or other responsive pleading as required by Rule 12. (Ordered by Magistrate Judge John R. Parker on 12/8/2021) (amg)
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Filing 8
ORDER. Before the Court is Plaintiff's Motion for Leave to Proceed without Local Counsel #4 . The Court finds that the motion should be granted. It is ordered that counsel for Plaintiff may proceed without local counsel in this civil action. The Court advises Plaintiff and her counsel that should the privilege of being exempted form the 50 mile aspect of Local Rule 83.10 at any time interfere with the efficient or effective management of this case, the Court will require Plaintiff to retain local counsel with a residence or principal office located within 50 miles of the United States Courthouse in Abilene, Texas. (Ordered by Magistrate Judge John R. Parker on 12/8/2021) (amg)
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| Filing 6 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Parker (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (amg) (amg). |
| Magistrate Judge John R. Parker added. Motion(s) referred to Magistrate Judge John R. Parker. (amg) |
| Filing 7 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Parker (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (amg) |
| Filing 5 Brief/Memorandum in Support filed by Ida De Los Santos re #4 MOTION Waive Local Counsel (Olinsky, Howard) |
| Filing 4 MOTION Waive Local Counsel filed by Ida De Los Santos (Attachments: #1 Proposed Order) (Olinsky, Howard) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ida De Los Santos. (Olinsky, Howard) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Ida De Los Santos (Olinsky, Howard) |
| Filing 1 COMPLAINT against Commissioner of Social Security filed by Ida De Los Santos. (Filer fee note- IFP motion in complaint or to be filed) Clerk to issue summons(es) if the motion to proceed IFP is granted. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Civil Cover Sheet, #2 Letter to Clerk) (Olinsky, Howard) |
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