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S.D.N.Y.Procedural orderFiled Dec. 13, 2023

Liga v. Commissioner of the Social Security Administration

Judge
Sidney Stein
Docket
1:23-cv-09289
Court
U.S. District Court · Southern District of New York
Pages
2
Social SecurityCivil Procedure
In one sentence

In Liga v. Commissioner, Judge Gary Stein ordered Liga to pay the filing fee by January 12, 2024, or face possible dismissal for failure to prosecute.

Who this affects

Marianella L. Liga, whose case is subject to a payment deadline and possible dismissal if she does not pay the filing fee.

What happened

Marianella L. Liga sued the Commissioner of the Social Security Administration after her claim for benefits was denied. She also asked to proceed without paying the filing fee, but Judge Rearden denied that request and ordered her to pay $402 by November 29, 2023.

Liga had not paid the fee or requested more time by the date of this order. The court gave her a new deadline of January 12, 2024, to pay the filing fee.

Judge Gary Stein warned that the case may be dismissed for failure to prosecute if Liga does not comply by the new deadline. This order did not decide whether Liga was entitled to Social Security benefits.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Liga v. Commissioner of the Social Security Administration · No. 1:23-cv-09289
Judge
Sidney Stein
Date
Dec. 13, 2023

Background

Marianella L. Liga filed a complaint challenging the denial of her claim for Social Security benefits. Through counsel, she also requested permission to proceed without paying the filing fee.

On October 30, 2023, Judge Rearden denied Liga’s request to proceed without paying the fee and ordered her to pay the $402 filing fee by November 29, 2023. Judge Rearden also certified that an appeal from that order would not be taken in good faith and denied Liga permission to proceed without paying the fee for purposes of an appeal. The parties consented to Magistrate Judge Gary Stein’s jurisdiction on the same day.

The Court’s Order

As of December 13, 2023, Liga had not paid the filing fee and had not requested an extension of the November 29 deadline. The court directed her to pay the filing fee by January 12, 2024.

The court warned that, if Liga failed to comply within that time, the action may be dismissed for failure to prosecute. The order did not rule on the merits of Liga’s challenge to the denial of Social Security benefits.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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