Guerrero v. Commissioner, Social Security Administration
| Maria Elena Guerrero |
| Commissioner, Social Security Administration |
| Social Security Administration - Interested Party |
| 4:2022cv00144 |
| February 25, 2022 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Hal R Ray |
| Social Security: DIWC/DIWW (405(g)) |
| 42 U.S.C. ยง 416 Denial of Social Security Benefits |
| None |
Docket Report
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Filing 12
ORDER: If Defendant is not served within 90 days after the Complaint's filing date, this action is subject to dismissal without prejudice. The Clerk shall also terminate Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (ECF No. #3 ), which is moot because Plaintiff paid the filing fee. (Ordered by Magistrate Judge Hal R. Ray, Jr on 4/4/2022) (Attachments: #1 summons, #2 Rule 4) (mmw)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Fri Mar 18 15:27:59 CDT 2022 (crt)
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Filing 9
SECOND ORDER AND NOTICE OF DEFICIENCY: The Court ORDERS Guerrero to either pay the $402.00 filing fee or submit a fully completed application to proceed in forma pauperis on or before 3/31/2022. Noncompliance by that deadline will result in a recommendation that her case be dismissed without further notice pursuant to Federal Rule of Civil Procedure 41. See Fed. R. Civ. P. 41(b). (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/17/2022) (twd)
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Filing 8
Order and Notice of Deficiency: Maria Elena Guerrero must address the following deficiency: Although Plaintiff filed a long form application to proceed in forma pauperis, and indicated she is in a divorce process, she has not answered the sections of the form concerning any spouses income. In order for the Court to make the determination regarding any pauper application, Plaintiff must provide complete and accurate answers to all of the questions in the long-form in-forma-pauperis application, including information about all of her income, employment, banking deposits, assets and expenses, and any spousal income or assets, and if she believes relevant, more information about her present spousal support.. 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 3/15/2022. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/1/2022) (Attachments: #1 IFP Form) (wxc)
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Filing 7
ORDER denying #2 ... Before the Court is Plaintiffs Motion for the Appointment of Counsel, filed February 25, 2022. ECF No. #2 . So courts also consider the efforts Plaintiff made to obtain counsel before moving for a Court-appointed one. See id. The Social Security Act provides for fee arrangements that incentivize private attorneys to take on social security cases, and the Social Security Administration sometimes provides resources for claimants needing legal representation. See id. Here, the Motion explains, I have made attempts to obtain legal aid and was not able to find anyone to assist in case matters. ECF No. 2. But the Motion does not include any other statements to describe those attempts or otherwise show that exceptional circumstances exist with attention to the factors listed above. See id. Accordingly, the Court DENIES the Motion (id.). (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/1/2022) (wxc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Tue Mar 1 10:24:15 CST 2022 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Tue Mar 1 13:51:13 CST 2022 (crt)
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Filing 6
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Maria Elena Guerrero. (wxc)
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Filing 5
Notice and Instruction to Pro Se Party (wxc)
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Filing 4
New Case Notes: A filing fee has not been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Ray preliminarily assigned. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to: appropriate staff attorney. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. Motion(s) referred to Magistrate Judge Hal R. Ray, Jr. (wxc)
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Filing 3
Motion for Leave to Proceed in forma pauperis filed by Maria Elena Guerrero (wxc) (Main Document 3 replaced on 2/28/2022) (wxc).
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Filing 2
Motion to Appoint Counsel filed by Maria Elena Guerrero (wxc)
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Filing 1
COMPLAINT against Commissioner, Social Security Administration filed by Maria Elena Guerrero. 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. (wxc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5. Fri Feb 25 15:24:52 CST 2022 (crt)
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