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Case TitleMorgan v. Berryhill
DistrictSouthern District of California
CitySan Diego
Case Number3:2017cv02227
Date Filed2017-11-01
Date Closed2019-03-05
JudgeJudge Larry Alan Burns
PlaintiffTravis Morgan
DefendantNancy Berryhill Acting Commissioner, Social Security Administration
Documents
Docket
Opinion/Order [6]
Opinion/Order [8]
Opinion/Order [38]
Opinion/Order [39]
Opinion/Order [40]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-011COMPLAINT against Nancy Berryhill, IFP Filed, filed by Travis Morgan. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:17-cv-2227-LAB-KSC. Judge Larry Alan Burns and Magistrate Judge Karen S. Crawford are assigned to the case. (Travis Morgan)(rmc) (sjt). Modified on 7/26/2018 to remove Public Terminal access to document (rmc). (Entered: 11/01/2017)
2017-11-012MOTION for Leave to Proceed in forma pauperis by Travis Morgan. (rmc) (Entered: 11/01/2017)
2017-11-013MOTION to Appoint Counsel by Travis Morgan. (rmc) (Entered: 11/01/2017)
2017-11-014TEXT ORDER OF REFERRAL: All matters arising out of this social security appeal, including the motion to proceed in forma pauperis, and request for appointment of counsel are referred to United States Magistrate Judge Karen S. Crawford for a Report and Recommendation. The parties are instructed to contact Magistrate Judge Crawford's chambers with respect to all scheduling, hearings, or other issues. Signed by Judge Larry Alan Burns on 11/1/17. (no document attached) (rls) (Entered: 11/01/2017)
2017-11-275ORDER denying without prejudice 2 Motion for Leave to Proceed in forma pauperis. Plaintiff must sign the Affidavit, make sure the information he provided on pages 1 through 5 of the Application are current, and then re-submit his completed Application within 20 days of the date this Order is entered. Signed by Magistrate Judge Karen S. Crawford on 11/27/2017. (All non-registered users served via U.S. Mail Service)(jdt) (Entered: 11/28/2017)
2017-11-276ORDER denying 3 Motion to Appoint Counsel. Signed by Magistrate Judge Karen S. Crawford on 11/27/2017. (All non-registered users served via U.S. Mail Service)(jdt) (Entered: 11/28/2017)
2017-12-017MOTION for Leave to Proceed in forma pauperis by Travis Morgan. (jdt) (Entered: 12/01/2017)
2017-12-0112Notice of Document Discrepancies and Order Thereon by Magistrate Judge Karen S. Crawford Accepting Document: Motion to Strike Document, from Plaintiff Travis Morgan. Non-compliance with local rule(s): Civ. L. Rule 5.1: Missing time and date on motion; Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document; OTHER: Civ.L. Rule 5.2 Missing proof of service. Nunc Pro Tunc 12/1/2017. Signed by Magistrate Judge Karen S. Crawford on 12/8/2017.(All non-registered users served via U.S. Mail Service)(jdt) (Main Document 12 replaced on 12/13/2017) (jdt). (Entered: 12/11/2017)
2017-12-078ORDER Granting 7 Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Karen S. Crawford on 12/7/2017. (All non-registered users served via U.S. Mail Service)(jdt) (Entered: 12/08/2017)
2017-12-089Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (jdt) Modified on 12/11/2017 to remove IFP letter; no marshal service was ordered (jdt). (Entered: 12/08/2017)
2017-12-0810Notice of Document Discrepancies and Order Thereon by Magistrate Judge Karen S. Crawford Accepting Document: Motion to File New Exhibit, from Plaintiff Travis Morgan. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion; Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document; OTHER: Civ.L. Rule 5.2 Missing proof of service. Nunc Pro Tunc 12/1/2017. Signed by the Chambers of Magistrate Judge Karen S. Crawford on 12/8/2017.(All non-registered users served via U.S. Mail Service)(jdt) (Entered: 12/08/2017)
2017-12-0811MOTION to File New Exhibit by Travis Morgan. Nunc Pro Tunc 12/1/2017. (jdt) (Main Document 11 replaced on 12/8/2017; regenerated NEF) (jdt). (Entered: 12/08/2017)
2017-12-0813MOTION to Strike Document, by Travis Morgan. Nunc Pro Tunc 12/1/2017 (jdt) Modified to correct event title on 12/11/2017 (jdt). (Entered: 12/11/2017)
2018-01-1114SUMMONS Returned Executed by Travis Morgan. Nancy Berryhill served. (jdt) (Entered: 01/11/2018)
2018-02-2315Notice of Document Discrepancies and Order Thereon by Magistrate Judge Karen S. Crawford Accepting Document: Motion to Amend, from Plaintiff Travis Morgan. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ L. Rule 5.2: Missing proof of service, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 2/14/2018. Signed by Magistrate Judge Karen S. Crawford on 2/23/2018.(All non-registered users served via U.S. Mail Service)(jdt) (Entered: 02/23/2018)
2018-02-2316MOTION to Amend 1 Complaint, by Travis Morgan. Nunc Pro Tunc 2/14/2018. (All non-registered users served via U.S. Mail Service) (jdt) (Entered: 02/23/2018)
2018-03-0517MOTION to Appoint Counsel by Travis Morgan. (jdt) Modified on 7/26/2018 to remove Public Terminal access to document (rmc). (Entered: 03/05/2018)
2018-03-2918ORDER granting 11 Motion to File New Exhibit; granting 16 Motion to File Amended Complaint; denying 17 Motion to Appoint Counsel. Signed by Judge Larry Alan Burns on 3/29/2018. (All non-registered users served via U.S. Mail Service) (jah) (Entered: 03/30/2018)
2018-04-3019Notice of Document Discrepancies and Order Thereon by Judge Larry Alan Burns Accepting Document: Motion for Summary Judgment and Motion to Seal, from Plaintiff Travis Morgan. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 4/17/2018. Signed by the Chambers of Judge Larry Alan Burns on 4/30/2018.(All non-registered users served via U.S. Mail Service)(jdt) (Entered: 04/30/2018)
2018-04-3020MOTION to Seal a Previously Filed Document re 17 MOTION to Appoint Counsel by Travis Morgan. Nunc Pro Tunc 4/17/2018. (All non-registered users served via U.S. Mail Service) (jdt) Modified on 4/30/2018 to add Nunc Pro Tunc date (jdt). (jjg). (Entered: 04/30/2018)
2018-04-3021MOTION for Summary Judgment by Travis Morgan. Nunc Pro Tunc 4/17/2018. (All non-registered users served via U.S. Mail Service) (jdt) (Entered: 04/30/2018)
2018-05-0922Notice of Document Discrepancies and Order Thereon by the Chambers of Judge Larry Alan Burns Accepting Document: Notice of Defendant's Deceptive Actions & Request Enforcement, from Plaintiff Travis Morgan. Non-compliance with local rule(s), Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 5/8/2018. (All non-registered users served via U.S. Mail Service)(rmc) (Entered: 05/09/2018)
2018-05-0923Notice of Defendant's Deceptive Actions and Request Enforcement by Travis Morgan. Nunc Pro Tunc 5/8/2018. (rmc). Added MOTION to Compel Discovery on 2/12/2019 for purpose of docketing ruling (jdt). (Entered: 05/09/2018)
2018-05-1724NOTICE of Failure to Serve by Nancy Berryhill (Attachments: # 1 Proof of Service)(Church, Rebecca)Attorney Rebecca Grace Church added to party Nancy Berryhill (pty:dft) (jdt). (Entered: 05/17/2018)
2018-06-1125SUMMONS Returned Executed by Travis Morgan. Nancy Berryhill served. (jdt) (Entered: 06/12/2018)
2018-06-2526MOTION to Dismiss for Lack of Jurisdiction Mootness by Nancy Berryhill. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Chyn, # 3 Exhibit A-1, # 4 Exhibit A-2, # 5 Exhibit A-3, # 6 Exhibit A-4, # 7 Exhibit A-5, # 8 Exhibit A-6, # 9 Exhibit A-7, # 10 Exhibit A-8, # 11 Exhibit A-9, # 12 Exhibit A-10, # 13 Exhibit A-11, # 14 Exhibit A-12, # 15 Exhibit A-13, # 16 Proof of Service)(Church, Rebecca) (jdt). (Entered: 06/25/2018)
2018-06-2527RESPONSE in Opposition re 21 MOTION for Summary Judgment filed by Nancy Berryhill. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jdt). (Entered: 06/25/2018)
2018-07-0528ORDER Setting Briefing Schedule on Defendant's Motion to Dismiss (ECF No. 26 ). Plaintiff's opposition due by 7/23/2018. Defendant's reply due by 7/30/2018. Signed by Magistrate Judge Karen S. Crawford on 07/05/2018.(All non-registered users served via U.S. Mail Service)(ajs) (Entered: 07/05/2018)
2018-07-2329RESPONSE in Opposition re 26 MOTION to Dismiss for Lack of Jurisdiction Mootness filed by Travis Morgan. (jdt) (Entered: 07/23/2018)
2018-07-2630Before the Court is plaintiff's Motion to Strike. [Doc. No. 13.] In the Motion, plaintiff requests that a page attached to his Complaint be stricken from the Court's record because it includes a social security number. The Court denies plaintiff's Motion, because it is not possible to strike or redact a page of the Complaint. However, plaintiff is advised that the public does not have access to his Complaint. To strike the page and replace it with a redacted page that does not show the social security number, plaintiff would need to file an amended complaint, but this is not necessary, because the public does not have access to the original Complaint. In addition, the Court has already filed a redacted copy of this page in the record in connection with a separate Motion filed by plaintiff. Signed by Magistrate Judge Karen S. Crawford on 7/26/2018. (no document attached) (plh) (Entered: 07/26/2018)
2018-07-2631Before the Court is plaintiff's Motion to Seal. [Doc. No. 20.] In the Motion, plaintiff requests that the Court seal a page of a document he filed on March 5, 2018 because it includes a birthdate. The Court has reviewed the document filed on March 5, 2018 that plaintiff refers to in his Motion [Doc. No. 17], but is unable to locate a birthdate in the document. Although the Court denies plaintiff's Motion to Seal, plaintiff is advised that the public does not have access to the document he wants to seal, because it includes other private information. Signed by Magistrate Judge Karen S. Crawford on 7/26/2018. (All non-registered users served via U.S. Mail Service)(no document attached) (plh) (Entered: 07/26/2018)
2018-07-3032REPLY to Response to Motion re 26 MOTION to Dismiss for Lack of Jurisdiction Mootness filed by Nancy Berryhill. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jdt). (Entered: 07/30/2018)
2018-08-1533Notice of Document Discrepancies and Order Thereon by Magistrate Judge Karen S. Crawford Accepting Document: Motion to Compel Defendant's Obligations, from Plaintiff Travis Morgan. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 8/10/2018. Signed by Magistrate Judge Karen S. Crawford on 8/15/2018.(All non-registered users served via U.S. Mail Service)(jdt) (Entered: 08/15/2018)
2018-08-1534MOTION to Compel Defendant's Obligations by Travis Morgan. Nunc Pro Tunc 8/10/2018. (jdt) Modified on 8/15/2018 to add Nunc Pro Tunc date (jdt). (Entered: 08/15/2018)
2018-08-2135RESPONSE in Opposition re 34 MOTION to Compel Defendant's Obligations filed by Nancy Berryhill. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jdt). (Entered: 08/21/2018)
2018-09-0736Notice of Document Discrepancies and Order Thereon by Magistrate Judge Karen S. Crawford Accepting Document: Plaintiff's Response to Defendant's Opposition of Obligations, from Plaintiff Travis Morgan. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion, Civ. L. Rule 7.1: Documents are not timely. Nunc Pro Tunc 8/27/2018. Signed by the Chambers of Magistrate Judge Karen S. Crawford on 9/7/2018.(All non-registered users served via U.S. Mail Service)(jdt) Modified on 9/7/2018 to correct judge association (jdt). Modified on 9/11/2018 (jdt). (Entered: 09/07/2018)
2018-09-0737Plaintiff's Response to Defendant's Opposition of Obligations, re 34 MOTION to Compel, filed by Travis Morgan. Nunc Pro Tunc 8/27/2018. (jdt) (Entered: 09/07/2018)
2019-02-1138REPORT AND RECOMMENDATION re Plaintiff's Motion for Summary Judgment (Doc. No. 21 ) and Defendant's Motion to Dismiss (Doc. No. 26 ). It is hereby recommended that the District Court issue an order: (1) denying plaintiff's Motion for Summary Judgment (Doc. No. 21 ); (2) denying plaintiff's request for entry of a default judgment against defendant (Doc. No. 21 ); (3) granting defendant's Motion to Dismiss plaintiff's FOIA claim as moot and for lack of subject matter jurisdiction; and (4) granting defendant's Motion to Dismiss Nancy Berryhill, Acting Commissioner of SSA. Within fourteen days after being served with a copy of this Report and Recommendation, any party may serve and file written objections. Signed by Magistrate Judge Karen S. Crawford on 2/11/2019. (All non-registered users served via U.S. Mail Service) Modified on 2/11/2019 to add service by U.S. Mail to nonregistered users (jdt). (Entered: 02/11/2019)
2019-02-1239ORDER Denying Plaintiff's "Notice of Defendant's Deceptive Actions and Request (for) Enforcement," Construed as a Motion to Compel Discovery and a Motion for Discovery Sanctions (Doc. No. 23 ). Signed by Magistrate Judge Karen S. Crawford on 2/12/2019. (All non-registered users served via U.S. Mail Service) (jdt) (Entered: 02/12/2019)
2019-02-1240ORDER Denying Plaintiff's "Motion to Compel Defendant's Obligations," Construed as a Motion to Compel Discovery (Doc. No. 34 ). Signed by Magistrate Judge Karen S. Crawford on 2/12/2019. (All non-registered users served via U.S. Mail Service) (jdt) (Entered: 02/12/2019)
2019-03-0541ORDER Adopting Report and Recommendation (Dkt. 38 ). Plaintiff's motions for summary and default judgment are denied, (Dkt. 21 ), and Defendant's motion to dismiss is granted. Dkt. 26 . The clerk is directed to enter judgment in favor of Defendant and close the case. Signed by Judge Larry Alan Burns on 3/4/2019. (All non-registered users served via U.S. Mail Service) (jdt) (Entered: 03/05/2019)
2019-03-0542CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED: The Court has reviewed the Report and Recommendation and adopts it in full. Plaintiff's motions forsummary and default judgment are denied, and Defendant's motion to dismiss is granted. (All non-registered users served via U.S. Mail Service) (jdt) (Entered: 03/05/2019)
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