No. 22-6979

Ivey McCray v. William D. Jones, et al.

Lower Court: Third Circuit
Docketed: 2023-03-10
Status: Denied
Type: IFP
IFP
Tags: administrative-offset administrative-offsets child-support comity-clause constitutional-due-process interstate-enforcement non-alienation-clause retirement-benefits social-security social-security-benefits title-ivd
Latest Conference: 2023-05-11
Question Presented (from Petition)

Whether Petitioner has right of action to recover Social
Security Retirement Benefits taken by administrative
offsets on behalf of a private party who is alleged to be
a non tanif, Title IV- D party where no funds are owed
the state in violation of the non alienation clause of 42
USC § 407.1

Whether a child support order transmitted interstate
for enforcement whose actions with the Social Security
Administration garnished retirement benefits,
pursuant to the comity clause, shields Defendant from
liability for reimbursement of funds.2.

Whether Petitioner 's complaint alleging garnishment
gave sufficient notice to the legal action against
Defendants.3.

Whether the complaint 's allegations of 14th
Amendment violations regarding state action occurring
after the tolling of New Jersey 's statute of limitation
for state action should not have been dismissed where
doe defendants are alleged.4.

Question Presented (AI Summary)

Whether Petitioner has right of action to recover Social Security Retirement Benefits

Docket Entries

2023-05-15
Petition DENIED.
2023-04-26
DISTRIBUTED for Conference of 5/11/2023.
2023-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2023)

Attorneys

Ivey McCray
Ivey McCray — Petitioner