Case Detail

FOIA Project Annotation: A federal court in West Virginia has ruled that Ryan Ramey failed to state a claim that would support his suit against the Social Security Administration for records concerning the role a randomly-generated number that appears on social security cards plays in linking his social security account to other agencies like the Federal Reserve. The agency explained that the vendor who supplies the SSA with card stock for social security cards uses the number printed on the back of the card in red ink for security and control purposes to prevent fraud and counterfeiting. The agency indicated that each social security card contained a unique control number and is included as part of an individual's electronic record of their social security card. Rejecting Ramey's request for information about the number, the court noted that "much of Ramey's claims relate to information that simply does not exist. The Court cannot order the Commissioner to produce policies, procedures, trust accounts, and insurance policies that do not exist." Because Ramey was requesting amendment of his records, the court pointed out that "to the extent Ramey is seeking the electronic record linking his social security number to the control number for purposes of amendment or deletion, he has failed to properly request the same under the Privacy Act."
Issues: Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2014-10-21	1	COMPLAINT against Commissioner of Internal Revenue Service, filed by Ryan R. Ramey. (Attachments: # 1 Freedom of Information Act Request, # 2 Civil Cover Sheet).(tlg) (Additional attachment(s) added on 10/21/2014: # 3 cover letter) (tlg). Modified to seal attachment 1 per Judge IMK on 1/9/2015 (tlg). (Entered: 10/21/2014)
2014-10-21	2	** SEALED** MOTION for Leave to Proceed in forma pauperis by Ryan R. Ramey. (Attachments: # 1 inmate statement, # 2 inmate statement).(tlg) (Entered: 10/21/2014)
2014-10-21	3	Envelope Received re 1 Complaint, 2 Motion. (tlg) (Entered: 10/21/2014)
2014-10-21	4	NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. Sent certified mail, return receipt to pro se Plaintiff. (tlg) (Additional attachment(s) added on 10/21/2014: # 1 certified mail receipt) (tlg). (Attachment 1 replaced on 10/21/2014) (tlg). (Entered: 10/21/2014)
2014-10-21	5	NOTICE OF DEFICIENT PLEADING. Sent certified mail, return receipt to pro se Plaintiff. Form sent at the request of law clerk. (tlg) (Additional attachment(s) added on 10/21/2014: # 1 certified mail receipt, # 2 Court-Approved Form complaint, # 3 Court-Approved Form motion for IFP, # 4 Court-Approved Form trust account report, # 5 Court-Approved Form consent to collect) (tlg). (Entered: 10/21/2014)
2014-10-27	6	RETURN RECEIPT as to 4 Notice (Other), 5 Notice (Other). SERVICE ACCEPTED on 10/23/2014. (tlg) (Entered: 10/27/2014)
2014-11-14	7	ORDER OF REFERRAL. The Court refers this action to MJ John S. Kaull for report and recommendation. Signed by District Judge Irene M. Keeley on 11/14/2014. Copy sent certified mail, return receipt to pro se Plaintiff.(tlg) (Additional attachment(s) added on 11/14/2014: # 1 certified mail receipt) (tlg). (Entered: 11/14/2014)
2014-11-14	8	COURT-APPROVED FORM re 1 Complaint filed by Ryan R. Ramey. (Attachments: # 1 Exhibit A, Freedom of Information Act request; # 2 Exhibit B, letter; # 3 Exhibit C, letter; # 4 cover letter; # 5 Envelope).(tlg) Modified docket text on 11/14/2014: Attachments 1 and 3 have been sealed per Judge IMK. (tlg). Modified on 1/8/2015 (Attachment 1 replaced on 1/8/2015 as original filing was not complete; copy of this attachment was provded to the USA) (rjs). (Entered: 11/14/2014)
2014-11-14	9	** SEALED ** Consent to Collection of Fees from Trust Account by Ryan R. Ramey. (tlg) (Entered: 11/14/2014)
2014-11-14	10	COURT-APPROVED FORM re: 2 Motion to proceed IFP, filed by Ryan R. Ramey. (tlg) (Entered: 11/14/2014)
2014-11-14	11	** SEALED ** Prisoner Trust Fund Account Statement by Ryan R. Ramey. (Attachments: # 1 inmate statement).(tlg) (Entered: 11/14/2014)
2014-11-14	12	ORDER GRANTING PLAINTIFF'S MOTION 2 TO PROCEED IN FORMA PAUPERIS. An initial partial filing fee of $44.19 is due within 28 days of the entry of this Order. Signed by Magistrate Judge John S. Kaull on 11/14/2014. Copy sent certified mail, return receipt to pro se Plaintiff; copy of Order and executed consent to collect sent to trustee officer; copy emailed to financial deputy Howell.(tlg) (Additional attachment(s) added on 11/14/2014: # 1 certified mail receipt) (tlg). (Entered: 11/14/2014)
2014-11-21	13	RETURN RECEIPT as to 12 Order on Motion for Leave to Proceed in forma pauperis. SERVICE ACCEPTED on 11/19/2014. (tlg) (Entered: 11/21/2014)
2014-11-21	14	RETURN RECEIPT as to 7 Order Referring Case to Magistrate Judge. SERVICE ACCEPTED on 11/19/2014. (tlg) (Entered: 11/21/2014)
2014-11-24	15	MOTION to Withdraw Defendant Commissioner of Internal Revenue Service re 7 Order of Referral, by Ryan R. Ramey. (Attachments: # 1 Attachment, notice of guidelines, complaint, Fourth Circuit order, # 2 Envelope).(tlg) (Entered: 11/24/2014)
2014-11-24	16	ORDER granting 15 Motion to Withdraw. Commissioner of Internal Revenue Service terminated. Plaintiff has until 12/12/2014 to pay initial partial filing fee. Signed by Magistrate Judge John S. Kaull on 11/24/2014. Sent certified mail, return receipt to pro se Plaintiff.(tlg) (Additional attachment(s) added on 11/24/2014: # 1 certified mail receipt) (tlg). (Entered: 11/24/2014)
2014-12-01	17	Initial partial filing fee: $ 44.19, receipt number WVNE006928 (tlg) (Entered: 12/01/2014)
2014-12-01	18	ORDER TO ANSWER. The clerk is ordered to issue a summons for the Deft. to be served within 30 days from the date of this order by the USMS. Service is also to be made on the U.S. Attorney for the NDWV and Attorney General by certified mail, return receipt. Signed by Magistrate Judge John S. Kaull on 12/1/2014. Copy sent certified mail, return receipt to pro se Plaintiff.(tlg) (Additional attachment(s) added on 12/1/2014: # 1 certified mail receipt) (tlg). (Entered: 12/01/2014)
2014-12-03	20	RETURN RECEIPT as to 16 Order on Motion to Withdraw. SERVICE ACCEPTED on 12/1/2014. (tlg) (Entered: 12/03/2014)
2014-12-08	21	RETURN RECEIPT as to 18 Order to Answer. SERVICE ACCEPTED on 12/5/2014. (tlg) (Entered: 12/08/2014)
2014-12-08	22	SUMMONS Returned Executed as to Attorney for the Northern District of West Virginia served on 12/5/2014. (tlg) (Entered: 12/08/2014)
2014-12-10	23	SUMMONS Returned Executed as to U.S. Attorney General served on 12/8/2014. (tlg) (Entered: 12/10/2014)
2014-12-15	24	SUMMONS Returned Executed as to Social Security Administration served on 12/8/2014. (tlg) (Entered: 12/15/2014)
2014-12-23	25	MOTION for Extension of Time to File Answer re 18 Order to Answer, by Commissioner of Social Security. (Attachments: # 1 Text of Proposed Order re Motion for Enlargement of Time)(Altmeyer, Helen) (Entered: 12/23/2014)
2014-12-23	26	ORDER granting 25 Motion for Extension of Time to Answer re 1 Complaint. Commissioner of Social Security answer due 2/13/2015. Signed by Magistrate Judge John S. Kaull on 12/23/14. (njz) copy mailed to pro se pla via cert. return rec't mail (Additional attachment(s) added on 12/23/2014: # 1 Certified Mail Return Receipt) (njz). (Entered: 12/23/2014)
2014-12-31	27	RETURN RECEIPT as to 26 Order on Motion for Extension of Time to Answer. SERVICE ACCEPTED on 12/29/2014. (tlg) (Entered: 12/31/2014)
2015-02-02	28	Second MOTION for Extension of Time to File Answer re 18 Order to Answer, by Commissioner of Social Security. (Attachments: # 1 Text of Proposed Order re Motion to Enlarge Time)(Altmeyer, Helen) (Entered: 02/02/2015)
2015-02-04	29	ORDER: It is ORDERED that Defendant's 28 Motion for Extension of Time to Answer is hereby granted. Commissioner of Social Security answer due 3/13/2015. Signed by Magistrate Judge John S. Kaull on 2/4/15. (copy Plaintiff)(cnd) (Additional attachment(s) added on 2/5/2015: # 1 Certified Mail Return Receipt) (cnd). (Entered: 02/04/2015)
2015-02-11	30	RETURN RECEIPT as to 29 Order on Motion for Extension of Time to Answer. SERVICE ACCEPTED on 2/9/15. (cnd) (Entered: 02/11/2015)
2015-03-11	31	NOTICE of Appearance by Erin Carter on behalf of Commissioner of Social Security (Carter, Erin) (Entered: 03/11/2015)
2015-03-11	32	MOTION to Dismiss by Commissioner of Social Security. (Carter, Erin) (Entered: 03/11/2015)
2015-03-11	33	MEMORANDUM in Support by Commissioner of Social Security re 32 MOTION to Dismiss . (Attachments: # 1 Exhibit 1 -Declaration of Mary Ann Zimmerman and Attachment A)(Carter, Erin) (Entered: 03/11/2015)
2015-03-11	34	ROSEBORO NOTICE/ORDER re 32 MOTION to Dismiss filed by Commissioner of Social Security. Within 30 days from the date of this Order, the pro se party shall file any opposition to the motion. Signed by Magistrate Judge John S. Kaull on 3/11/15. (Attachments: # 1 Certified Mail Return Receipt)(copy Plaintiff)(cnd) (Entered: 03/11/2015)
2015-03-16	35	RETURN RECEIPT as to 34 Roseboro Notice. SERVICE ACCEPTED on 3/13/15. (cnd) (Entered: 03/16/2015)
2015-04-13	36	RESPONSE in Opposition re 32 MOTION to Dismiss filed by Ryan R. Ramey. (Attachments: # 1 Exhibit A - Freedom of Information Act, # 2 Exhibit B - Letter from Social Security dated 10/10/14, # 3 Exhibit C - Letter from Office of General Counsel dated 10/10/14, # 4 Exhibit D - Letter from Social Security dated 2/23/15, # 5 Envelope)(jss) (Entered: 04/13/2015)
2015-04-16	37	LETTER from Ryan Ramey to Clerk of Court regarding 36 Response in Opposition to Motion filed by Ryan R. Ramey. (mailed copy of docket sheet) (Attachments: # 1 Envelope)(jss) (Entered: 04/16/2015)
2015-04-22	38	REPORT AND RECOMMENDATION re 32 MOTION to Dismiss filed by Commissioner of Social Security, 1 Complaint, filed by Ryan R. Ramey: The Magistrate Judge RECOMMENDS that Defendant's Motion to Dismiss be GRANTED and that Plaintiff's Complaint be DISMISSED from the docket. Written objections may be filed within 14 days after being served. Signed by Magistrate Judge John S. Kaull on 4/22/15. (Attachments: # 1 Certified Mail Return Receipt)(copy Plaintiff)(cnd) (Entered: 04/22/2015)
2015-04-29	39	RETURN RECEIPT as to 38 REPORT AND RECOMMENDATION. SERVICE ACCEPTED on 4/27/15. (cnd) (Entered: 04/29/2015)
2015-05-01	40	OBJECTION to Magistrate Judge Kaull's 38 Report and Recommendation. (Attachments: # 1 Exhibit A - FOIA Request, SSA response, # 2 Envelope)(cnd) (Entered: 05/01/2015)
2015-05-04	41	RESPONSE by Commissioner of Social Security to 40 Objection to Report and Recommendations. (Carter, Erin) (Entered: 05/04/2015)
2015-05-11	42	REPLY by Ryan R. Ramey to 41 Response re 38 REPORT AND RECOMMENDATION. (Attachments: # 1 Envelope) (Styled as "Plaintiff's Response in Opposition to Defendant's Response to the Report and Recommendation of the United States Magistrate Judge")(cnd) (Entered: 05/11/2015)
2015-10-01	43	Case Reassigned to Magistrate Judge Michael Aloi, per Order entered 10/1/2015 in 3:15-mc-29. Magistrate Judge John S. Kaull no longer assigned to the case. Copy of NEF and MC Order to pro se party by regular mail. (cmd) (Entered: 10/01/2015)
2015-11-17	44	MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION 38 , GRANTING DEFENDANTS MOTION TO DISMISS 32 , AND DISMISSING CASE WITHOUT PREJUDICE: The Court ADOPTS the R&R 38 , OVERRULES Rameys objections, GRANTS the Commissioners motion to dismiss 32 , and DISMISSES the case WITHOUT PREJUDICE.It DENIES Rameys request for attorney fees and filing fees, as he has not substantially prevailed in the case. The Court DIRECTS the Clerk of Court to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 11/17/15. (jss) (Additional attachment(s) added on 11/17/2015: # 1 Certified Mail Return Receipt) (jss). (Entered: 11/17/2015)
2015-11-17	45	CLERK'S JUDGMENT in favor of Commissioner of Social Security against Ryan R. Ramey Signed by District Clerk of Court on 11/17/15. (Attachments: # 1 Certified Mail Return Receipt)(jss) (Entered: 11/17/2015)
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