Riddle v. Commissioner of Social Security

Filing 6

ORDER DISMISSING Complaint for Failure to State a Claim, WITH LEAVE TO AMEND WITHIN THIRTY DAYS, signed by Magistrate Judge Sandra M. Snyder on 10/16/12. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROSE RIDDLE,

CASE NO. 1:12-cv-01680-SMS

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

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

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Defendant.

(Doc. 1)
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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 Rose Riddle, proceeding in forma pauperis, by her attorney, Dellert Baird Law

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Offices, PLLC, filed her complaint on October 11, 2012. Because Plaintiff’s complaint fails to

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state a claim upon which relief can be granted, 28 U.S.C. § 1915(e)(2)(B)(ii) requires this Court

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to dismiss it.

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I.

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Screening Requirement
The statutory privilege of proceeding in forma pauperis is a privilege, not a right.

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Williams v. Field, 394 F.2d 329, 332 (9th Cir.), cert. denied, 393 U.S. 891 (1968); Smart v.

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Heinze, 347 F.2d 114, 116 (9th Cir.), cert. denied, (1965). “Indigence does not create a

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constitutional right to the expenditure of public funds and the valuable time of the courts in order

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to prosecute an action which is totally without merit.” Phillips v. Mashburn, 746 F.2d 782, 785
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(11th Cir. 1984). Accordingly, the statute requires the Court to screen any case in which a

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plaintiff proceeds in forma pauperis, as provided in 28 U.S.C. § 1915. Screening is required

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even if the plaintiff pursues an appeal of right, such as an appeal of the Commissioner’s denial of

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social security disability benefits. See, e.g., 42 U.S.C. § 405(g) (establishing conditions under

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which a claimant of social security benefits may seek judicial review of the Commissioner’s

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determination). A court must dismiss any case, regardless of the fee paid, if the action or appeal

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is (1) frivolous or malicious; (2) fails to state a claim on which relief may be granted; or (3) seeks

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915 (e)(2)(B).

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II.

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Cognizable Claim
In determining whether a complaint fails to state a cognizable claim, a court applies

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substantially the same standard applied in motions to dismiss pursuant to F.R.Civ.P. 12(b)(6).

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Gutierrez v. Astrue, 2011 WL 1087261 at *1 (E.D.Cal. March 23, 2011) (No. 1:11-cv-00454-

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GSA). “The focus of any Rule 12(b)(6) dismissal . . . . is the complaint.” Schneider v.

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California Department of Corrections, 151 F.3d 1194, 1197 n. 1 (9th Cir. 1998). A court must

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dismiss a complaint, or portion of a complaint, for failure to state a claim upon which relief can

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be granted if it appears beyond doubt that the plaintiff can prove no set of facts in support of his

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or her claim(s) that would entitled the plaintiff to relief. Hishon v. King & Spalding, 467 U.S.

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69, 73 (1984). When a court reviews a complaint under this standard, it must accept as true the

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complaint’s allegations (Hospital Bldg. Co. v. Trustees of Rex Hospital, 425 U.S. 738, 740

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(1976)), construe the pleadings in the light most favorable to the plaintiff (Resnick v. Hayes, 213

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F.3d 443, 447 (9th Cir. 2000)), and resolve all doubts in the plaintiff’s favor (Jenkins v.

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McKeithen, 395 U.S. 411, 421 (1969)).

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A.

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The sufficiency of a complaint is first determined by referring to F.R.Civ.P. 8(a) which

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Short and Plain Statement

requires that a civil complaint contain:
(1)

a short and plain statement of the grounds for the court’s jurisdiction,
unless the court already has jurisdiction and the claim needs no new
jurisdictional support;

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(2)

a short and plain statement of the claim showing the pleader is entitled to
relief; and

(3)

a demand for the relief sought which may include relief in the alternative
or different types of relief.

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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). A complaint appealing

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the Commissioner’s decision denying social security disability benefits is not exempt from the

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general rules of civil pleading. “While [42 U.S.C.] § 405(g) does not require that a complaint

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spell out the basis upon which relief might be granted, Rule 8(a) requires a civil plaintiff to assert

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the basis upon which he grounds his claim.” Brown v. Astrue, 2011 WL 3664429 at *2 (D. N.H.

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August 19, 2011) (No. 11-cv-056-JL). The complaint must “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

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U.S. at 512. In preparing her amended complaint, Plaintiff should state specifically why the facts

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of her situation did not support those of the ALJ’s legal conclusions that she contends where not

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supported by substantial evidence.

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B.

Principles of Pleading
1.

Factual Allegations and Legal Conclusions

Determining a complaint’s sufficiency invokes two underlying principles of pleading.

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Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544,

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555 (2007). First, the Court must accept as true the well-pleaded factual allegations of the

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complaint. Twombly, 550 U.S. at 555. Detailed factual allegations are not required, but

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“[t]hreadbare recitals of the elements of the cause of action, supported by mere conclusory

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statements, do not suffice.” Iqbal, 556 U.S. at 678. “Plaintiff must set forth sufficient factual

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matter accepted as true, to ‘state a claim that is plausible on its face.’” Iqbal, 129 S.Ct. at 1949,

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quoting Twombly, 550 U.S. at 555.

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

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

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

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conclusions, and a formulaic recitation of the elements of a cause of action.” Id. at 555-56
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(internal quotation marks and citations omitted). A complaint appealing the Commissioner’s

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denial of disability benefits must set forth a brief statement of facts setting forth the reasons why

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the Commissioner’s decision was wrong. Brown, 2011 WL 3664429 at *3. See also

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Demetriades v. Astrue, 2011 WL 4079054 (W.D.Va. September 13, 2011) (No. 7:11-cv-00407)

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(dismissing case without prejudice for failure to state a plausible claim for relief as a result of

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insufficient factual allegations); Ormsby v. Astrue, 2011 WL 3625101 at * 2, adopted by 2011

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WL 3625095 (M.D. Fla. August 4, 2011) (No. 6:11-cv-1262-ORL-22) (dismissing cursory

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complaint which alleged insufficient facts to state a cognizable claim).

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While factual allegations are accepted as true, legal conclusions are not. Iqbal, 556 U.S.

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at 678. A court is “not bound to accept as true a legal conclusion couched as a factual

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allegation.” Id. “Nor is the court required to accept as true allegations that are merely

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conclusory, unwarranted deductions of fact, or unreasonable inferences.” Sprewell v. Golden

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State Warriors, 266 F.3d 979, 988 (9th Cir. 2001).

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A legal conclusion is a statement such as, “ The final decision of the Administrative Law

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Judge, review having been denied by the Appeals Council, is erroneous, was based on error of

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law, and was not supported by substantial evidence.” Facts include such allegations as “Plaintiff

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has severe arthritis, peripheral neuropathy, and fibromyalgia”; “Plaintiff worked as auto

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mechanic until June 1, 1990"; and “Plaintiff was fired from her job when she became unable to

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grasp her tools.”

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2.

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Plausible Claim for Relief

The second underlying principle is that “only a complaint that states a plausible claim for

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relief survives a motion to dismiss.” Iqbal, 556 U.S. at 679. To permit the Court to determine

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that a complaint states a plausible claim for relief, based on the reviewing court’s judicial

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experience and common sense, the well-pleaded facts must permit the court “to infer more than a

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mere possibility . . . . ‘that the pleader is entitled to relief.’” Id., quoting F.R.Civ.P. 8(a)(2). The

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Supreme Court explained:

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In keeping with these principles a court considering a motion to dismiss can
choose to begin by identifying pleadings that, because they are no more than
conclusions, are not entitled to the assumption of truth. While legal conclusions
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can provide the framework of a complaint, they must be supported by factual
allegations. When there are well-pleaded factual allegations, a court should
assume their veracity and then determine whether they plausibly give rise to an
entitlement to relief.

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Iqbal, 556 U.S. at 679.
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See also Cook v. Astrue, 2012 WL 812380 at *2 (E.D.Cal. March 9, 2012) (No. 1:12-cv5
00347-GSA) (construing that the facts alleged in the complaint related to two legal conclusions);
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Sanchez v. Astrue, 2011 WL 1549307 (E.D. Cal. April 21, 2011) (No. 1:11-cv-00607-GSA).
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This means that the Court cannot accept legal conclusions set forth in a complaint if the plaintiff
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has not supported his or her contentions with facts. For example, if a plaintiff alleges only that
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he or she is not capable of performing past work without setting forth facts that prove that he or
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she cannot do that work, the Court cannot assume that the contention is true.
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III.

Conclusion and Order

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In rejecting Brown’s complaint appealing the Commissioner’s denying him benefits, the
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Court observed, “”The complaint’s sole assertion of a basis for relief is that Brown feels the SSA
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decision was wrong.” Brown, 2011 WL 3664429 at *2. Every plaintiff appealing an adverse
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decision of the Commissioner believes that the Commissioner was wrong. The purpose of the
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complaint is to briefly and plainly allege facts supporting the legal conclusion that the
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Commissioner’s decision was wrong. Id. at *3. Plaintiff’s amended complaint should do so.
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Because the complaint fails to allege facts sufficient to state a claim upon which relief can
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be granted, this Court will dismiss it. The Court will provide Plaintiff with an additional
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opportunity to file an amended complaint curing the deficiencies identified by the Court in this
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order. Plaintiff must revise her complaint to allege facts sufficient to support a cognizable claim.
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Plaintiff’s amended complaint should be brief, but must allege sufficient facts to establish
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her 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 must avoid including unnecessary language, as well as advocacy and argumentation
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more appropriate in her opening brief, which is to be submitted later.
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Plaintiff is advised that an amended complaint supercedes all prior complaints, Forsyth v.

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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

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

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

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accord 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.

Within thirty (30) days from the date of service of this order, Plaintiff shall file

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an amended complaint curing the deficiencies identified by the Court in this order;

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and

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3.

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

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

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to 28 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

October 16, 2012

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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