Suarez v. Commissioner of Social Security
- Gregory Woods
- 1:20-cv-05151
- U.S. District Court · Southern District of New York
- 2
In Suarez v. Commissioner of Social Security, Judge Woods ordered Plaintiff to correct filing deficiencies and warned that noncompliance could lead to dismissal.
Jennifer Suarez, who filed on behalf of Christopher Sanchez, was required to correct deficiencies in the complaint and fee-waiver request by November 11, 2020. The action could be dismissed if Plaintiff did not comply, and permission to appeal this order without paying fees was denied.
What happened
Suarez v. Commissioner of Social Security concerns Jennifer Suarez’s complaint filed on behalf of Christopher Sanchez and her request to proceed without paying filing fees. The court had previously identified deficiencies in both submissions.
The court had twice directed Plaintiff to correct those deficiencies, but Plaintiff had not filed anything since submitting the complaint. The court gave Plaintiff until November 11, 2020, to comply with the earlier order.
Judge Gregory H. Woods warned that further noncompliance could result in dismissal for failure to prosecute. He also denied fee-free status for any appeal from this order after certifying that such an appeal would not be taken in good faith.
The detailed version
- Suarez v. Commissioner of Social Security · No. 1:20-cv-05151
- Gregory Woods
- Oct. 22, 2020
Background
Jennifer Suarez, on behalf of Christopher Sanchez, filed the complaint on July 6, 2020, and requested permission to proceed without paying filing fees. On July 11, 2020, the court entered an order identifying deficiencies in the complaint and the fee-waiver request. The court directed Plaintiff to correct those deficiencies by August 13, 2020.
When the court had not received the required submissions by August 25, 2020, it issued another order directing Plaintiff to comply with the July 11 order by September 14, 2020. The court stated that Plaintiff still had not complied as of the date of the present order and had not filed anything in the action since filing the complaint.
Ruling
Judge Gregory H. Woods directed Plaintiff to comply with the July 11 order by November 11, 2020. The court warned that failure to comply with the present order might result in dismissal of the action for failure to prosecute, meaning failure to move the case forward.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. Based on that certification, it denied permission to appeal without paying filing fees. The Clerk of Court was directed to mail this order and the July 11 and August 25 orders to Plaintiff by first-class and certified mail.
Disposition
The court did not dismiss the action in this order. It issued a further compliance deadline and warning, and denied fee-free status for an appeal from the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.