Arbaiza v. Commissioner of the Social Security Administration
| Santos Arbaiza |
| Commissioner of the Social Security Administration |
| Social Security Administration - Interested Party |
| 3:2023cv01788 |
| August 10, 2023 |
| US District Court for the Northern District of Texas |
| David C Godbey |
| Rebecca Rutherford |
| Social Security: SSID Title XVI |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 8
ORDER granting #3 Motion for Leave to Proceed In Forma Pauperis. (Ordered by Magistrate Judge Rebecca Rutherford on 8/16/2023) (chmb)
|
|
Filing 7
CASE MANAGEMENT AND SCHEDULING ORDER. Plaintiff filed this civil action under 42 U.S.C. 405(g) seeking judicial review of a decision by the Commissioner of Social Security (Commissioner). Pursuant to the Federal Rules of Civil Procedure (FRCP) and Supplemental Rules for Social Security Actions (Supp. SSA R.) effective 12/1/2022, the Clerk of Court notified the commencement of this action to the Commissioner, by transmitting a Notice of Electronic Filing to the appropriate office within the Social Security Administration's Office of General Counsel, and to the United States Attorney for the Northern District of Texas. The Commissioner must serve an answer on Plaintiff by October 9, 2023. The answer may be limited to a certified copy of the administrative record, and any affirmative defenses under FRCP 8(c). Supp. SSA R. 4(b). FRCP 8(b) does not apply, but the Commissioner is free to answer any allegations that the Commissioner may wish to address in the pleadings. Supp. SSA R. 4(b). As recognized by the Supp. SSA R., this action is essentially appellate in character; therefore, the Supp. SSA R. establish a uniform procedure for presenting the action for decision by briefs. See Supp. SSA R. 5-8. Under these rules, Plaintiff must file and serve on the Commissioner a brief for the requested relief within 30 days after the answer is filed. Supp. SSA R. 6. The Commissioner must file a brief and serve it on Plaintiff within 30 days after service of Plaintiff's brief. Supp. SSA R. 7. Plaintiff may file a reply brief and serve it on the Commissioner within 14 days after service of the Commissioner's brief. Supp. SSA R. 8. The parties' briefs must cite to the parts of the administrative record that support an assertion that the final decision is--or is not--supported by substantial evidence or contrary to law. Supp. SSA R. 5. (Ordered by Magistrate Judge Rebecca Rutherford on 8/16/2023) (chmb)
|
| Filing 5 Case electronically transferred in from District of Texas Eastern; Case Number 6:23-cv-00349. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Filing 6 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (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 (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (agc) |
| Interdistrict transfer to the Northern District of Texas Dallas Division. (gsm) [Transferred from Texas Eastern on 8/11/2023.] |
|
Filing 4
ORDER re #1 Complaint filed by SANTOS ARBAIZA. ORDERED that this case be TRANSFERRED to the Northern District of Texas, Dallas Division, for all future proceedings. Signed by Magistrate Judge John D. Love on 7/18/2023. (gsm) [Transferred from Texas Eastern on 8/11/2023.]
|
| Filing 3 MOTION for Leave to Proceed in forma pauperis by SANTOS ARBAIZA. (Attachments: #1 IFP Application, #2 Proposed Order)(Konoski, Bryan) [Transferred from Texas Eastern on 8/11/2023.] Modified on 8/16/2023 (cea). |
| Filing 2 ***DEFICIENT FILING. DISREGARD.*** MOTION for Leave to Proceed in forma pauperis by SANTOS ARBAIZA. (Konoski, Bryan) Modified on 7/17/2023 (gsm). [Transferred from Texas Eastern on 8/11/2023.] |
| Filing 1 COMPLAINT against Commissioner of the Social Security Administration (Complaint NEF sent to SSA OGC and to EDTX USAO.), filed by SANTOS ARBAIZA. (Attachments: #1 Civil Cover Sheet)(Konoski, Bryan) [Transferred from Texas Eastern on 8/11/2023.] |
| District Judge J. Campbell Barker and Magistrate Judge John D. Love added. (gsm) [Transferred from Texas Eastern on 8/11/2023.] |
| COURT ORDER: The court adopts in this case Judge Barker's standing orders, which may be obtained from his page on the court's website and may be updated without separate docket entry. All parties and counsel are ordered to stay abreast of the current standing orders and to comply with those orders and with the court's local rules. Noncompliance with those standing orders or local rules may result in a sanction or other disadvantage. (gsm) [Transferred from Texas Eastern on 8/11/2023.] |
| NOTICE of Deficiency regarding the Motion for IFP submitted Not in PDF Searchable Format. Correction should be made (gsm) [Transferred from Texas Eastern on 8/11/2023.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
