Matthews v. Commissioner, Social Security Administration et al
| Ervie Matthews |
| Commissioner, Social Security Administration and Kilolo Kijakazi, Acting Commissioner of the Social |
| Social Security Administration - Interested Party |
| 3:2023cv02602 |
| November 27, 2023 |
| US District Court for the Northern District of Texas |
| Rebecca Rutherford |
| Social Security: DIWC/DIWW (405(g)) |
| 42 U.S.C. § 205 Denial Social Security Benefits |
| None |
Docket Report
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Fri Jan 5 14:53:42 CST 2024 (crt) |
Filing 13
CASE MANAGEMENT AND SCHEDULING ORDER. Answer due by February 13, 2024; Plaintiff's brief due within 30 days after the answer is filed. Plaintiff filed this civil action under 42 U.S.C. 405(g) seeking judicial review of a decision by the Commissioner of Social Security. Pursuant to the Federal Rules of Civil Procedure (FRCP) and the Supplemental Rules for Social Security Actions (Supp. SSA R.), the Clerk of Court notified the Commissioner of the commencement of this action on November 27, 2023. Pursuant to the Court's Order and Notice of Deficiency #7 , Plaintiff filed an amended complaint #12 on December 15, 2023. The Commissioner must serve an answer on Plaintiff on or before February 13, 2024. See Supp. SSA R. 4(a) (An answer must be served on the plaintiff within 60 days after notice of the action is given.). 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 1/4/2024) (chmb)
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| Filing 12 AMENDED COMPLAINT against Kilolo Kijakazi, Acting Commissioner of the Social filed by Ervie Matthews. 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. (ndt) |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Commissioner, Social Security Administration. (Clerk QC note: No affiliate entered in ECF). (Bowie, Roberta) |
| Filing 10 NOTICE of Attorney Appearance by Roberta Gene Bowie on behalf of Commissioner, Social Security Administration. (Filer confirms contact info in ECF is current.) (Bowie, Roberta) |
| Filing 9 Social Security Consent filed by Ervie Matthews. (Clerk to review the consent form and reassign the case to a district judge if appropriate.) (cfk). (cfk) |
| Filing 8 ADDITIONAL ATTACHMENTS to #3 Complaint by Plaintiff Ervie Matthews. (cfk) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Mon Dec 4 16:06:28 CST 2023 (crt) |
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Filing 7
Order and Notice of Deficiency: Ervie Matthews must address the following deficiency: Complaint is not in compliance with Federal Rule of Civil Procedure 8(a). Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 1/2/2024. (Ordered by Magistrate Judge Rebecca Rutherford on 11/30/2023) (Attachments: #1 Complaint, #2 Federal Rule 8) (agc)
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Filing 6
ELECTRONIC ORDER granting #4 Motion for Leave to Proceed In Forma Pauperis. (Ordered by Magistrate Judge Rebecca Rutherford on 11/29/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Wed Nov 29 15:19:36 CST 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Tue Nov 28 16:56:16 CST 2023 (crt) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ervie Matthews. (Clerk QC note: No affiliate entered in ECF). (kcr) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Ervie Matthews. (kcr) |
| Filing 3 COMPLAINT against Commissioner, Social Security Administration filed by Ervie Matthews. 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. (Complaint NEF sent to SSA OGC and to TXND USAO.) (kcr) |
| Filing 2 Notice and Instruction to Pro Se Party (kcr) |
| Filing 1 New Case Notes: A filing fee has not been paid. Case received over counter or electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) 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. (kcr) |
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