Chavez v. Commissioner of Social Security

Filing 6

ORDER DISMISSING 1 Complaint for Failure to State a Claim, WITH LEAVE TO AMEND within Thirty Days signed by Magistrate Judge Sandra M. Snyder on 4/30/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ISIDRO CHAVEZ,

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CASE NO. 1:12-cv-00657-SMS
Plaintiff,

ORDER DISMISSING COMPLAINT FOR
FAILURE TO STATE A CLAIM, WITH
LEAVE TO AMEND WITHIN THIRTY DAYS

v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,

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(Doc. 1)
Defendant.

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Screening Order
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“Notwithstanding any filing fee, or any portion thereof, that may have been paid, the
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Court shall dismiss the case at any time if the Court determines that . . . the action or appeal . . .
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fails to state a claim upon which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii).
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Plaintiff Isidro Chavez, proceeding in forma pauperis, by his attorneys, Milam Law, filed
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a complaint on April 25, 2012. Because Plaintiff’s complaint fails to state a claim upon which
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relief can be granted, 28 U.S.C. § 1915(e)(2)(B)(ii) requires this Court to dismiss it.
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“Rule 8(a)’s simplified pleading standard applies to all civil actions, with limited
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exceptions.” Swierkiewicz v. Sorema N. A., 534 U.S. 506, 512 (2002). Pursuant to Rule 8(a), a
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complaint must contain “a short and plain statement of the claim showing that the pleader is
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entitled to relief . . . .” Fed. R. Civ. P. 8(a). “Such a statement must simply give the defendant fair
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notice of what the plaintiff’s claim is and the grounds upon which it rests.” Swierkiewicz, 534 U.S.
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at 512. Detailed factual allegations are not required, but “[t]hreadbare recitals of the elements of
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the cause of action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal,
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556 U.S. 662, 129 S.Ct. 1937, 1949 (2009), citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544,
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555 (2007). “Plaintiff must set forth sufficient factual matter accepted as true, to ‘state a claim that

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is plausible on its face.’” Iqbal, 129 S.Ct. at 1949, quoting Twombly, 550 U.S. at 555. While

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factual allegations are accepted as true, legal conclusions are not. Iqbal, 129 S.Ct. at 1949.

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Although accepted as true, “[f]actual allegations must be [sufficient] to raise a right to relief

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above the speculative level.” Twombly, 550 U.S. at 555 (citations omitted). A plaintiff must set

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forth “the grounds of his entitlement to relief,” which “requires more than labels and conclusions,

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and a formulaic recitation of the elements of a cause of action.” Id. at 555-56 (internal quotation

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marks and citations omitted). To adequately state a claim against a defendant, a plaintiff must set

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forth the legal and factual basis for his claim.

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Plaintiff’s complaint, prepared by his attorney on a form that required only the insertion of

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Plaintiff’s name and several relevant dates, fails to meet these pleading standards. The complaint

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includes no specific facts whatsoever setting forth grounds for Plaintiff’s claim for relief. The

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complaint is merely a form statement of legal conclusions. As such, the complaint fails to state a

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claim on which relief may be granted.

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“A short and plain statement of the claim showing that the pleader is entitled to relief”

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contemplates a simple and straightforward, but complete, account of the relevant occurrences,

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actors, and resulting damages. Should Plaintiff elect to amend his complaint, as this order permits

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him to do, the complaint must allege sufficient facts, setting forth the legal and factual basis for his

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claim that the Commissioner’s determination was not supported by substantial evidence.

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Conclusion and Order
Plaintiff’s complaint fails to set forth facts establishing the grounds of his entitlement to

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relief and alleges solely legal conclusions. The Court will provide Plaintiff with the opportunity to

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file an amended complaint curing the deficiencies identified by the Court in this order. Plaintiff

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may not change the nature of this suit by adding new, unrelated claims in the amended complaint.

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George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007).

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Plaintiff’s amended complaint should be brief, but must allege sufficient facts to establish

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his cause of action. Fed. R. Civ. P. 8(a). Plaintiff should focus on setting forth, as briefly but

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specifically as possible, the facts necessary to state a claim on which relief may be granted.
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Plaintiff is advised that an amended complaint supercedes the original complaint, Forsyth

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v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997), aff’d, 525 U.S. 299 (1999); King v. Atiyeh,

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814 F.2d 565, 567 (9th Cir. 1987), and must be “complete in itself without reference to the prior or

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superceded pleading.” Local Rule 15-220. “All causes of action alleged in an original complaint

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which are not alleged in an amended complaint are waived.” King, 814 F.2d at 567; accord

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Forsyth, 114 F.3d at 1474.

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

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Plaintiff’s complaint is dismissed with leave to amend for failure to state facts
sufficient to state a claim on which relief may be granted;

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2.

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Within thirty (30) days from the date of service of this order, Plaintiff shall file an
amended complaint curing the deficiencies identified by the Court in this order; and

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3.

If Plaintiff fails to file an amended complaint within thirty (30) days from the date

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of service of this order, this action will be dismissed with prejudice, pursuant to 28

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U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim.

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IT IS SO ORDERED.

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Dated:
icido3

April 30, 2012

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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