Barber v. Social Security Administration
| New Mexico District Court | |
| Judge: | Matthew L Garcia |
| Case #: | 1:24-cv-00102 |
| Nature of Suit | 863 Social Security - DIWC/DIWW (405(g)) |
| Cause | 42:405 Review of HHS Decision (DIWC) |
| Case Filed: | Feb 01, 2024 |
| Terminated: | Sep 26, 2025 |
Defendant
Party Name in Social Security Case - Unavailable
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Interested Party
Party Name in Social Security Case - Unavailable
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Plaintiff
Party Name in Social Security Case - Unavailable
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GPO
Nov 21 2024
REPORT AND RECOMMENDATIONS by Magistrate Judge Laura Fashing. Objections to R&R due by 12/5/2024. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (amf) |
| Docket last updated: 10/11/2026 11:59 PM MDT |
| Wednesday, March 18, 2026 | ||
| 37 | 37
NOTICE of Briefing Complete by Allen Kent Barber re36 Unopposed MOTION for Attorney Fees MOTION to Amend/Correct33 Unopposed MOTION for Attorney Fees ,35 Unopposed MOTION for Attorney Fees MOTION to Amend/Correct33 Unopposed MOTION for Attorney Fees filed by Allen Kent Barber (Johnson, Laura)
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Unopposed MOTION for Attorney Fees , MOTION to Amend/Correct33 Unopposed MOTION for Attorney Fees ,35 Unopposed MOTION for Attorney Fees MOTION to Amend/Correct33 Unopposed MOTION for Attorney Fees by Allen Kent Barber. (Johnson, Laura)
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Att: 1
Exhibit A through E
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| 35 | 35
Unopposed MOTION for Attorney Fees , MOTION to Amend/Correct33 Unopposed MOTION for Attorney Fees by Allen Kent Barber. (Johnson, Laura)
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Att: 1
Exhibit A through E
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| Thursday, March 12, 2026 | ||
| 34 | 34
NOTICE of Briefing Complete by Allen Kent Barber re33 Unopposed MOTION for Attorney Fees filed by Allen Kent Barber (Johnson, Laura)
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Unopposed MOTION for Attorney Fees by Allen Kent Barber. (Johnson, Laura)
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Att: 1
Exhibit A through E
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| Tuesday, September 30, 2025 | ||
| 32 | 32
NOTICE of Appearance by Victoria Vina Johnson on behalf of Social Security Administration (Johnson, Victoria)
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| Monday, September 29, 2025 | ||
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JUDGMENT by District Judge Matthew L. Garcia. (fs)
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| Friday, September 26, 2025 | ||
| 30 | 30
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ORDER by District Judge Matthew L. Garcia overruling24 Objections; adopting in part23 Report and Recommendations; granting12 Motion to Remand to Agency for an immediate award of benefits; and granting in part and denying in part18 Motion to Remand to Agency; (fs)
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| Wednesday, August 27, 2025 | ||
| 29 | 29
NOTICE by Social Security Administration of Withdrawal of Counsel (Burgess, James)
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| Friday, January 31, 2025 | ||
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NOTICE of Briefing Complete by Allen Kent Barber re12 MOTION to Remand to Agency with Supporting Memorandum filed by Allen Kent Barber (Johnson, Laura)
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| Monday, December 30, 2024 | ||
| 27 | 27
Plaintiff's RESPONSE To Defendant's Objections To Magistrate Judge's Report and Recomendation re12 MOTION to Remand to Agency with Supporting Memorandum filed by Allen Kent Barber. (Johnson, Laura)
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| Monday, December 16, 2024 | ||
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Unopposed MOTION for Extension of Time to File Response/Reply as to24 Objections to the Magistrate Judge's Report and Recommendations by Allen Kent Barber. (Johnson, Laura)
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| MINUTE ORDER, Plaintiff's Unopposed MOTION for Extension of Time to File Plaintiff's Response to Defendant's Objections to the Magistrate Judge's Report and Recommendations, Doc. 25, is granted. Plaintiff shall have until December 30, 2024 to file a response. by District Judge Matthew L. Garcia. (jhc) | ||
| Monday, December 02, 2024 | ||
| 24 | 24
OBJECTIONS re23 REPORT AND RECOMMENDATIONS by Social Security Administration (Burgess, James)
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| Thursday, November 21, 2024 | ||
| 23 | 23
REPORT AND RECOMMENDATIONS by Magistrate Judge Laura Fashing. Objections to R&R due by 12/5/2024. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (amf)
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| 22 | 22
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ORDER REFERRING CASE to Magistrate Judge Laura Fashing by District Judge Matthew L. Garcia. (fs)
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| Tuesday, October 22, 2024 | ||
| ORDER TO SEAL by Magistrate Judge Laura Fashing. The administrative record (Doc. 11) is voluminous and contains sensitive personal and health-related information throughout the record. The Court therefore sua sponte orders the administrative record to be sealed and made available only to the Court and the parties. (amf) | ||
| Friday, August 09, 2024 | ||
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REPLY to Response to Motion re18 Opposed MOTION to Remand to Agency filed by Social Security Administration. (Burgess, James)
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| Thursday, August 08, 2024 | ||
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RESPONSE in Opposition re12 MOTION to Remand to Agency with Supporting Memorandum filed by Allen Kent Barber. (Johnson, Laura)
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| Thursday, July 25, 2024 | ||
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Opposed MOTION to Remand to Agency by Social Security Administration. (Burgess, James)
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| Friday, June 28, 2024 | ||
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NOTICE of Attorney Substitution: James Burgess substituted for Annalies van der Valk (Burgess, James)
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| Tuesday, June 25, 2024 | ||
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ORDER by Magistrate Judge Laura Fashing granting15 Motion for Extension of Time to File Response/Reply. Response due by 7/29/2024. Reply due fourteen (14) days thereafter. No further extensions will be granted absent extraordinary circumstances. (amf)
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| Monday, June 24, 2024 | ||
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Unopposed MOTION for Extension of Time to File Response/Reply as to12 MOTION to Remand to Agency with Supporting Memorandum by Social Security Administration. (Van Der Valk, Annalies)
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| Tuesday, May 21, 2024 | ||
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ORDER by Magistrate Judge Laura Fashing granting13 Motion for Extension of Time.
Response due by 6/28/2024. Reply due 14 days thereafter. (lj)
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| Monday, May 20, 2024 | ||
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Unopposed MOTION for Extension of Time to File Response/Reply as to12 MOTION to Remand to Agency with Supporting Memorandum by Social Security Administration. (Van Der Valk, Annalies)
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| Monday, April 29, 2024 | ||
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MOTION to Remand to Agency with Supporting Memorandum by Allen Kent Barber. (Johnson, Laura)
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| Tuesday, February 06, 2024 | ||
| NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: Nos. 4 and 8. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) | ||
| Friday, February 02, 2024 | ||
| 7 | 7
NOTICE of Appearance by Annalies Van Der Valk on behalf of Social Security Administration (Van Der Valk, Annalies)
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| ORDER by Magistrate Judge Laura Fashing granting2 Motion for Leave to Proceed in forma pauperis. IT IS HEREBY ORDERED that this action is authorized to proceed without the prepayment of the filing fee, costs, or security therefore, pursuant to 28 U.S.C. § 1915. The Clerk is directed to transmit the required Notice pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g). (cda) | ||
| NOTICE: The parties are notified that effective December 1, 2022, the Federal Rules of Civil Procedure were amended to add Supplemental Rules for Social Security cases filed under 42 U.S.C 405(g). Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk hereby transmits a Notice of Electronic Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system to the Social Security Administration's Office of General Counsel and to the United States Attorney's Office, notifying the Commissioner of the Social Security Administration of the filing of a Complaint in this action. The parties should review and comply with these rules in full. In relevant part, the rules result in the following changes: 1. Eliminate the need for service under FED. R. CIV. P. 4. Instead, the Court will transmit a Notice of Electronic Filing to the SSA's Office of General Counsel and the USAO for the district where the action is filed. 2. Require the Commissioner to file the administrative record within 60 days of receipt of the Notice of Electronic Filing. 3. Require the parties to adhere to the following briefing schedule: - Plaintiff's brief due 30 days after answer/administrative record filed and served. - Commissioner's response due 30 days after Plaintiff's brief filed and served. - Plaintiff's reply due 14 days after the Commissioner's response filed and served. Social Security Administration answer due 4/2/2024. (jg) | ||
| REFUSAL TO CONSENT to Proceed before a U.S. Magistrate Judge (Van Der Valk, Annalies) | ||
| PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Matthew L. Garcia and United States Magistrate Judge Laura Fashing as the trial and pretrial judges. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges. Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ng) | ||
| Thursday, February 01, 2024 | ||
| 2 | 2
MOTION for Leave to Proceed in forma pauperis by Allen Kent Barber. (Johnson, Laura)
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| 1 | 1
COMPLAINT against Social Security Administration ( Filing Fee - Waived), filed by Allen Kent Barber.(Johnson, Laura)
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Att: 1
Civil Cover Sheet
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| United States Magistrate Judge Laura Fashing assigned. (eh) | ||
| PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (eh) | ||
| CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Allen Kent Barber voluntarily consent(s) to have United States Magistrate Judge Laura Fashing conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Johnson, Laura) | ||