Gaskin v. Berryhill

Western District of Texas, txwd-6:2017-cv-00054

ORDER GRANTING [1] Motion for Leave to Proceed in forma pauperis. Signed by Judge Jeffrey C. Manske.

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Case 6:17-cv-00054-RP-JCM Document 2 Filed 03/13/17 Page 1 of 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WACO DIVISION JENNIFER DIANE GASKIN, § Plaintiff, § § v. § § Case No. W-17-CA-00054-RP NANCY A. BERRYHILL, ACTING § COMMISSIONER OF SOCIAL SECU-§ RITY § Defendant. § ORDER Before the Court is Plaintiff’s request to proceed in forma pauperis ("IFP"). The Court, having considered her request to proceed IFP, finds that it has merit and should be granted. Accordingly, it is ORDERED that Plaintiff’s request to proceed IFP (ECF No. 1) is GRANTED. Plaintiff is ad-vised that the granting of IFP status does not prohibit a later determination that the action should be dis-missed pursuant to 28 U.S.C. § 1915(e) because the allegation of poverty is untrue or the action is frivo-lous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from relief. Plaintiff is further advised that, although leave to proceed IFP has been granted, the Court may, in its discretion, impose costs of court at the conclusion of this lawsuit, as in other cases. See Moore v. McDonald, 30 F.3d 616, 621 (5th Cir. 1994) (holding that imposition of costs on an indigent plaintiff is appropriate when the plaintiff’s claims are subsequently dismissed as frivolous under 28 U.S.C. § 1915(e) and (f)). It is further ORDERED that, pursuant to Rule 4(c)(3) of the Federal Rules of Civil Procedure, the United States Marshal shall serve a copy of the complaint, summons, and this Order upon each Defendant as directed by the Plaintiff. The Clerk’s Office is directed to first provide the Plaintiff with the appropriate number of summonses and marshal forms. Plaintiff is directed to complete and return the summonses and marshal forms provided to her by the Clerk’s Office, along with a copy of the Complaint for each 1 Case 6:17-cv-00054-RP-JCM Document 2 Filed 03/13/17 Page 2 of 3 person required to be served. Plaintiff is admonished that she must act in a timely manner and that fail-ure to perfect service on the Defendant within the time provided in Rule 4 of the Federal Rules of Civil Procedure shall result in dismissal of this action. Upon the filing of Defendant’s Answer and certified copy of the transcript of the administrative proceedings, it is hereby ORDERED that counsel for the parties submit briefs in accordance with the following require-ments: 1. Within 30 days after Defendant timely files her Answer, Plaintiff shall serve, file, and submit to the Magistrate Judge a brief setting forth all errors which the Plaintiff contends entitle the Plain-tiff to relief. The brief shall contain under the appropriate headings and in the order here indicat-ed: a. A statement of the case. This statement should indicate briefly the course of the proceeding and its disposition at the administrative level, and should set forth a general statement of the facts. This statement of the facts shall include plaintiff’s age, education and work experience; a summary of physical and mental impairments alleged; a brief outline of the medical evi-dence; and a brief summary of other evidence of record. Each statement of fact shall be sup-ported by reference to the page in the record where the evidence may be found. b. A statement of the exact issues presented for review, set forth in separate numbered para-graphs. c. An argument. The argument may be preceded by a summary. The argument shall be divided into sections, each section separately treating each issue, numbered to correspond with the statement of issues. The argument must set forth the plaintiff’s contentions with respect to the issues presented and reasons therefor. Each contention must be supported by specific ref-erence to the portion of the record relied upon and by citations to statutes, regulations, and cases which support the plaintiff’s position. Cases from other districts and circuits should be cited only in conjunction with relevant cases from this jurisdiction or if authority on point from the jurisdiction does not exist. Citations to unreported district court opinions must be accompanied by a copy of the opinion. If the plaintiff has moved for remand to the Commis-sioner for further proceedings, the argument in support of remand must set for good cause for remand. Furthermore, if the remand is for the purpose of taking additional evidence, such ev-idence must be attached to the brief, or, if such evidence is in the form of a consultative ex-amination sought at government expense, the plaintiff must make a proffer of the nature of the evidence anticipated to be obtained. d. A short conclusion stating the relief sought. 2 Case 6:17-cv-00054-RP-JCM Document 2 Filed 03/13/17 Page 3 of 3 2. Within 30 days after service of Plaintiff’s brief, the Defendant shall serve, file and submit to the Magistrate Judge a brief which responds, specifically, to each issue raised by Plaintiff. The De-fendant’s brief shall conform to the requirements set forth above for the Plaintiff’s brief, except that a statement of the issues and a statement of the case need not be made unless the Defendant is dissatisfied with the Plaintiff’s statement thereof. 3. The Plaintiff may serve, file and submit to the Magistrate Judge a brief in reply to the brief of the Defendant within ten (10) days after service on the Plaintiff of the Defendant’s brief. 4. Unless the Court requests oral argument, all motions will be determined on the moving papers and the record of proceedings before the Commissioner. 5. In the event no motions are made, the Court will submit a Report and Recommendation after the above time limits have expired on the basis of the complaint and answer and the record of pro-ceedings before the Commissioner. 6. Extensions of the above time limits shall be requested by appropriate written motion no later than fifteen (15) days before the expiration of the time. 7. This scheduling order takes precedence over all other such orders which may have been previ-ously filed by this Court. Upon failure of the parties to comply with this Order, the Court may in its discretion impose such penalties and invoke such sanctions as the circumstances warrant. The Court directs atten-tion of the parties to the sanction of involuntary dismissal for failure to comply with pretrial instructions as provided by Federal Rule of Civil Procedure 41(b). SIGNED March 13, 2017. _ ________________________________ JEFFREY C. MANSKE UNITED STATES MAGISTRATE JUDGE 3