Corral v. Colvin

Filing 16

MEMORANDUM Order. Signed by the Honorable Milton I. Shadur on 6/2/2016.mailed notice(rm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
EFREN F. CORRAL,
Plaintiff,
v.
CAROLYN COLVIN,
Defendant.

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Case No: 16 C 4315

MEMORANDUM ORDER
Because the original Complaint filed pro se by plaintiff Efren Corral ("Corral") seeking
benefits under the Social Security Act had mistakenly attached as an exhibit an early-stage
unfavorable decision issued by Social Security Administration ("SSA") personnel, Corral's
action clearly appeared to be barred as untimely on its face. That caused this Court's sua sponte
dismissal of the action on April 21 of this year, thus mooting Corral's contemporaneously filed In
Forma Pauperis Application ("Application") and Motion for Attorney Representation ("Motion
for Counsel"). But Corral then retained counsel, who filed a motion for relief under
Fed. R. Civ. P. ("Rule") 60(b) (the "Rule 60(b) Motion"), attaching a proposed Amended
Complaint that in turn included as an exhibit the later adverse ruling by the SSA's Appeals
Counsel dated February 11, 2016.
It appeared from counsel's filing that Corral had indeed gotten in just under the wire with
his original Complaint, although the touch-and-go time sequence led this Court to request a
confirmation of the actual date of Corral's receipt of that adverse ruling, rather than his relying
on a presumptive date of receipt as Rule 60(b) Motion ¶ 4 had sought to do. Corral has now

responded to that request (see his attached May 25 letter), and -- as had seemed most likely -- he
has confirmed the timeliness of his lawsuit.
Accordingly Corral's Rule 60(b) Motion is granted and his action is reinstated, with leave
granted to file the Amended Complaint. And because those actions have effectively revived the
previously mooted Application, that too is granted (although the Motion for Counsel remains
moot). This action is set for a next status hearing at 9:15 a.m. August 31, 2016, to allow ample
time for appropriate interim action by both sides looking to the ultimate resolution of the case.

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Milton I. Shadur
Senior United States District Judge
Date: June 2, 2016

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