Free Motion for Extension of Time - District Court of Connecticut - Connecticut


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Date: September 7, 2004
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Category: District Court of Connecticut
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K . Case 3:00-cv-00368-CFD Document 59 Filed 09/07/2004 Page1of4
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` UNITED STATES DISTRICT COURT . ;·,,_' 4 // 1
Fox was D1sT1¤.1c*1: OF F 4‘#`'' W?}6 Q
comzcrxcur t _,j.?@j7-S11?-g I
LAURENCE C. JONES, JR., I
. Plaintiff :
v. ’
: CASErNUMBER: 3:00CV 368 (CFD) (WIC)
KENNETH S. APFEL, g :
COMISSIONER : 1
SOCIAL SECURITY ADMINISTRATION : 5
A AUGUST 31, 200i+
Agency/Defendant : ‘ 1
PLAINTIFF'53 MOTION FOR EXTENTION OF TIME NUNC PRO TUNC
PURSUANT TO D.CONN.L.CIV.R.»'7(c) TO FILE FOR
RECONSIDE.RATIC)N OF RELIEF FROM A E
JUDGMENT IN ZTHE DISTRICT COURT
PURSUANT TO FED.R..CIV.P.60(b')
l. On the 25th day of March, 2003, a was entered in this COURT
in favor of the defendant dismissing the complaint of Laurence C. Jones, Jr.,
v. Jo Anne B. Barnhart, Commissioner of Social Security. (JUDQ/[ENT Attached
EXHIBIT #1)
2. The plaintiff Pro se, Laurence C. Jones, Jr. , on the l9th day of May,
the
2003, filed on Notice of Appeal the case in/United Sjtéltes Court of Appeals _
for the Second Circuit.
3. During the pendancy of the appeal, on or about, August 9, 2003, the
plaintiff pro se, received several documents in a packet, a letter of notice
ridated July 31, 2003, proposing "to take action" with reference to the con-
tents of a "CIVILI APPEAL PRE_ARGUMENT STATEMENT" served in the appeal on
I the defendant-appellee Commissioner of the Social Security Administration.
** ”*I??I`;'i‘ '2'ii ’

i Case 3:00-cv-00368-CFD Document 59 Filed 09/07/2004 Page 2 of 4
- · usoc-criss. N¤.:3:00cv 368 (cFD)(w1.c>
` JONES v BARNHART (COMM. SUCCZESSOR) ,
1
#1. The said letter of notice a.ddressed to plaintiff pro se, requested
that he return his social security ·number and the contents of the pac-
ket. Plaintiff pro se (hereinafter, plaintiff) promptly notified the
United States Attorney's office, and the Assistant U. S. Attorney (AUSA) n
in charge of the case. Plaintiff then complied with the communication
(packet) offering any infor nation requiered/Social Security Adninistration£SSA)
(letter fron the packet Attached, EXHIBIT #2). The Appeals Court was notified.
5. Plaintiff on Novenber 10, 2003, served a Notice of Motion (plainttiff-
appellant) on the defendant--appellee, filing in the Court of Appeals the
said Motion to dis miss this appeal without prejudice to reinstatement
pending decision of a Rule 60 motion in the District Court. (Attached is
EXHIBIT #3, an ORDER of the UNITED STATES COURT of APPEAIS for the SECOND
CIRCUIT, issued FOR TI-IE COURT, by Roseann B. MacKechnie, Clerk, signed
therefor by Catherine J. Minuse, Supervisory Staff Attorney)
6. Reference the Appeals Court ORDER (supra), Novenber 24, 2003 (EXH.#3), `
and the proposed notice "to take action" in the defendant—appe11ee's SSA's E
letter of July 31, 2003 (EXl·I.#2), received by p1aintiff—appe11ant, August 9, I
2003, the plaintiff alleges in this MOTION FOR .E> the case thereupon, in effect, became converted to an executive Personnel 1
Management matter ab initio voiding the cf the veterans' preference E
. eligibility under the Veterans Preference Act which occurred in the Field 1
SSA Office, Region 1, Boston, MA, on June 9, 1998.
RELIEF REQUESTED comtmum ON NEXT PAGE FOLLOWING

I “ Case 3:00-cv-00368-CFD Document 59 Filed 09/07/2004 Page3of4 I
_` USDC—-CASE No.:3:00CV 368 (CFD)(WIG)
JONES v BSRNHART (COMM. SUCCESSOR) I
7. The SSA notice of proposed action (EXH.#2) was newly discovered evid-
ence. Plaintiff—appellant was left with sone surprise, wondering when I
the SSA was first informed of the United States Office of Personnel Man-
ageuent's confirmation of plaintiff's veterans' preference eligibility
entitle nent. Plaintiff had not had any contact directly with the agency
since 1998. However, the agency was always in exclusive possession of the
plaintiff 's OFFICIAL PERSONNEL FOLDER. (Ten months claimed "lost" has not
been explained) I
RELIEF UNDER THE MOTIOILFQR EXTENTION OF TIME NUNC PRO TUNC
WHEREFORE, pursuant to the UNITED STATES COURT of APPEALS for the Zdfiil'-
ORDER of Nove nber 24, 2003, issued by the Clerk of the Court, authorizing
the parties compliance with the procedures outlined in Toliver v. County
of Sullivan, 957 F2d 47 (ED CIR.l-9-92) ; and thereafteryxlfile Rule 60(b) I
motion which the District Court may deny or grant; and because of the E
Assistant U. S. Attorney's refusal to participate, plaintiff pro se therefore
ffoz:;hi;1DSélg‘E,,·;ai1d,‘.éi'.·SQ for the parties based on its direct notice to plaintiff,
amd he , therefore, exercising veterans' preference eligibility entitle——
ment rights under the 3SSA letter EJx‘¤??July 3l, 2003, will notify the Comm —
issioner of SSA, the General Counselor's Office of SSA, and United States
Attorney's Office for the State of Connecticut, of the filing of these proé
ceedings pursuant to F`ed.R.Civ.P.60(b); and plaintiff pro se , respect-
fully, requests Magistrate Judge Willian I. Garfinkel, and District Judge
· Christopher `F. Droney to grant relief fron the in the District Court
March 25, 2003, pursuant to D.CONN.L.CIV.R.7(c:), and F‘ED.R.CIV.P.60(b), and
for such other relief as the Court deems appropr'ate in the remises.
Respectfully Sub nitted Q
Ssptsvbsr 2. 2004- New Haven, cr 06511
(203)387-1+040

1 Case 3:00-cv-00368-CFD Document 59 Filed 09/07/2004 Page 4 of 4
I CERTIFICATION
I, LAURENCE C. WJR. _ certify that a copy of the plaintiff 's 1
MOTION FOR EXTENTION OF TIME NUNC PRO TUNC FOR RECONSIDERATION OF RELIEF FROM
UNDER F.R.c.1¤.7(c)
A IN THE DISTRICT COURT of CONNECTICUT/ has been sent by Certified
Mail this 2 M day c . Zcmgio THE FOLLOWING:
JO ANNE EARNHART, COMMISSIONER _
SOCIAL SECURITY ADMINISTRATION
1500 WOODLAWN Dr. ,
Bnltinore, M0
OFFICE OF THE GENERAL COUNSEL
SOCIAL SECURITY ADMINISTRATION
15)§/(fO0DLA1~§11>1` Dr. ,
Balti nore, MD
KEVEN J. O’CONNOR
UNITED STATES ATTORNEY
15,* CHURCH ST1€£E‘J3‘1 F? 1
NEW HAVEN, CT 065].0 1
PATRICK F. CARUSO
ASSISTANT UNITED STATES ATTORNEY
157 CHURCH STREET
NEW HAVEN, CT 06510" _
J§Q;,,.,.iI
auren ·e C. Jon Jr
43 Eldert Stree
New Haven, CT 06511
1
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