Shear v. O'Malley
| New York Northern District Court | |
| Judge: | David N Hurd |
| Case #: | 3:24-cv-00485 |
| Nature of Suit | 863 Social Security - DIWC/DIWW (405(g)) |
| Cause | 28:1361 Petition for Writ of Mandamus |
| Case Filed: | Apr 08, 2024 |
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| Docket last updated: 05/01/2024 11:59 PM EDT |
| Wednesday, May 01, 2024 | ||
| 12 | 12
order
Order
Wed 05/01 4:13 PM
TEXT ORDER: Court reviewed the Social Security Consent/Declination form (Dkt. No.11 ) submitted by plaintiff. However, this is not a Social Security Appeal, and therefore the consent form was issued to plaintiff in error. The Clerk is directed to vacate Dkt. No. 11. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/1/2024. (sg) |
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| Tuesday, April 30, 2024 | ||
| 11 | 11
misc
Consent / Declination Form
Tue 04/30 2:26 PM
SOCIAL SECURITY CONSENT / DECLINATION FORM filed by Robert Shear advising of consent to Jurisdiction by US Magistrate Judge. (Gorton, Peter) |
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| 10 | 10
order
Order Reassigning Case (Text-Order)
Tue 04/30 1:07 PM
TEXT ORDER REASSIGNING CASE to Judge David N. Hurd and Magistrate Judge Therese Wiley Dancks for all further proceedings. There is not consent of the parties to the Magistrate. Authorized by the Chief Judge Brenda K. Sannes on April 30, 2024. (jel, ) |
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| Friday, April 26, 2024 | ||
| 9 | 9
service
Summons Issued
Fri 04/26 7:13 AM
Summons Issued as to Martin O'Malley, Commissioner of Social Security.(khr) |
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Att: 1
Summons issued as to US Attorney General,
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Att: 2
Summons issued as to US Attorney
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| Thursday, April 25, 2024 | ||
| 8 | 8
service
Request for Issuance of Summons(es)
Thu 04/25 2:48 PM
REQUEST FOR ISSUANCE OF SUMMONS(ES): Robert Shear is requesting summons(es) be issued as to Robert Shear(Gorton, Peter) |
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Att: 1
Exhibit(s) Summons USAG,
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Att: 2
Exhibit(s) Summons USAO
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misc
Clerk Correction of Docket Entry
Thu 04/25 11:31 AM
CLERK'S CORRECTION OF DOCKET ENTRY: Clerk notes that they have terminated the Administrative Transcript filing deadline set by DE # 7 as this case is a Petition for Writ of Mandamus. (kck) |
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| Wednesday, April 10, 2024 | ||
| 7 | 7
notice
Notice of Initial Attorney Appearance - Commissioner
Wed 04/10 7:27 PM
NOTICE OF INITIAL ATTORNEY APPEARANCE - COMMISSIONER: Shannon Fishel appearing for Commissioner of Social Security. Social Security Administrative Transcript due by 7/9/2024. (Fishel, Shannon) |
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| 6 | 6
notice
Notice of Initial Attorney Appearance - Commissioner
Wed 04/10 2:34 PM
NOTICE OF INITIAL ATTORNEY APPEARANCE - COMMISSIONER: SSAOGComms appearing for Commissioner of Social Security. Social Security Administrative Transcript due by 7/9/2024. (SSAOGComms, ) |
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| 5 | 5
order
Order on Motion for Leave to Proceed In Forma Pauperis
Wed 04/10 10:39 AM
TEXT ORDER granting3 Motion for Leave to Proceed in forma pauperis of Robert Shear: The Court having considered Plaintiff's application to proceed without prepayment of fees under 28 U.S.C. § 1915 it is hereby ORDERED, that the application is GRANTED. **Plaintiff should note that, although the application to proceed in forma pauperis has been granted, Plaintiff will still be required to pay fees that Plaintiff incurs in this action, including copying and/or witness fees. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/10/2024. (sg) |
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misc
Text Notice of Filing Deficiency
Wed 04/10 2:49 PM
TEXT NOTICE OF FILING DEFICIENCY as to Martin O'Malley regarding the 6 Notice of Initial Attorney Appearance - Commissioner NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. Please file a Subsequent Notice of Attorney Appearance in case #3:24-cv-485. Notice of Filing Deficiency Deadline 4/12/2024 (khr) |
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| Monday, April 08, 2024 | ||
| 4 | 4
misc
G.O. 18 & SSA Case Assignment Form
Mon 04/08 3:03 PM
Social Security Appeal Case Assignment Form and General Order #18 Issued. Pursuant to General Order #18, in the event the Plaintiff does not timely consent, or if the United States timely withdraws its consent, the case will be reassigned to a District Judge consistent with General Order #12 . Social Security Consent/Declination Form due by 4/29/2024. (kck) |
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| 3 | 3
motion
Proceed In Forma Pauperis
Mon 04/08 3:02 PM
MOTION for Leave to Proceed in forma pauperis filed by Robert Shear. (kck) |
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| 2 | 2
misc
Social Security Identification Form - [LODGED]
Mon 04/08 3:00 PM
Social Security Identification Form [LODGED] [Pursuant to General Order #18, this document has been electronically lodged with the Court. Viewable by case participants and court personnel only, it is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited] . (kck) |
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| 1 | 1
cmpssa
Complaint - Social Security Appeal
Mon 04/08 2:59 PM
COMPLAINT - Social Security Appeal. [Pursuant to General Order #18, Section B(3), the CM/ECF system will generate a Notice of Electronic Filing to the USAO-NDNY and Regional Counsel for the Social Security Administration. Service of a Complaint along with the Social Security Identification Form will be considered complete only when the three steps in paragraph 2(A), 2(B) and 2(C) of General Order #18 have been completed.] . (kck) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Civil Cover Sheet
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