Mendoza v. CSS

Filing 3

ORDER Granting 2 Motion to Proceed in Forma Pauperis; SCREENING ORDER, signed by Magistrate Judge Sandra M. Snyder on 10/1/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTONIO MENDOZA,

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Plaintiff,

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v.

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CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Case No. 1:13-cv-01543-SMS
ORDER GRANTING PLAINTIFF’S
MOTION TO PROCEED IN FORMA
PAUPERIS
SCREENING ORDER
(Doc. 2)

Defendant.

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Plaintiff Antonio Mendoza seeks to proceed in forma pauperis and pro se with an action

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seeking judicial review of a determination of the Social Security Administration. Plaintiff has

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submitted a declaration which makes the showing required by 28 U.S.C. § 1915(a), and the request

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to proceed in forma pauperis is granted.

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Under 28 U.S.C § 1915(e)(2), the Court must screen any complaint brought in forma

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pauperis to ensure that it states a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2).

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Here, Plaintiff’s complaint satisfies this requirement. However, the complaint is very brief and cites

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the wrong legal doctrine.1 As this case moves forward, Plaintiff will have the opportunity to write a

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brief which states his positions in more detail. The Court therefore summarizes the legal standards

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that apply.

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In his complaint, Plaintiff cites to 42 USC § 12182. This provision is inapplicable here, as it prohibits discrimination on
the basis of disability in the enjoyment of places of public accommodation.

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To be disabled, a claimant must have impairments which foreclose all meaningful

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employment for at least twelve months. 42 U.S.C. § 1382c(a)(3). To make this determination,

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ALJs follow a five-step “sequential evaluation process,” stopping once they reach a dispositive

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finding. 20 C.F.R. §§ 404.1520, 1594(b)(5). The claimant has the burden for the first four steps.

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Terry v. Sullivan, 903 F.2d 1273, 1275 (9th Cir.1990).

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The ALJ’s sequential process begins with a “de minimis screening device to dispose of

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groundless claims.” Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir.1996). At steps one and two, the

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ALJ confirms that the claimant is not meaningfully employed and in fact has severe impairments.

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Once a claimant passes this screening, the remaining steps examine whether she is disabled.

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The claimant may prove this in two ways. One way—considered at step three—is to have a

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condition that is disabling by definition. See 20 C.F.R. Pt. 4, Subpt. P, App. 1 (the “listings”).

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Failing this, she must present evidence of her residual functional capacity (“RFC,” the most she can

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do despite her limitations). The ALJ determines this RFC, then at steps four and five applies this to

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the world of work. If the claimant’s RFC forecloses her past work, and if the Commissioner cannot

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satisfy her burden to identify a significant number of other jobs that the claimant could learn, then

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the claimant is disabled.

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If the Commissioner finds that the claimant is not disabled, this Court only has a limited

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ability to review that decision. Specifically, this Court may review only whether the ALJ applied

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the proper legal standards and made findings supported by “substantial evidence.” Bray v. Comm’r,

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554 F.3d 1219, 1222 (9th Cir. 2009). Substantial evidence is “such relevant evidence as a

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reasonable mind might accept as adequate to support a conclusion.” Id. Where the record as a

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whole can support either a grant or denial, the Court may not substitute its judgment. Id.
CONCLUSION

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For the foregoing reasons, the Court ORDERS:

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1. Plaintiff’s motion to proceed in forma pauperis (Doc. 2) is GRANTED.

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2. The Clerk of Court is DIRECTED to issue summons as to the defendant, Commissioner of

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Social Security;

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2

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3. The Clerk of Court is DIRECTED to issue and serve Plaintiff with Social Security Case

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Documents, including one copy of this order, one USM-285 form, one summons, a Notice of

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Submission of Documents form, an instruction sheet, and an endorsed copy of the

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complaint.

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4. Within thirty (30) days from the date of this order, Plaintiff shall complete the attached

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USM-285 form and submit the completed Notice to the Court with the following

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documents:

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a. One completed summons for the Defendant;

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b. One completed USM-285 form for the Defendant;

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c. One copy of the Order Granting Motion to Proceed In Forma Pauperis; and

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c. One copy of the endorsed amended complaint filed January 19, 2011.

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5. Plaintiff should not attempt service on the defendants and should not request waiver of

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service. Upon receipt of the above-described documents, the Court will direct the United

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States Marshal to serve the Defendant pursuant to Federal Rule of Civil Procedure 4 without

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payment of costs.

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6. Failure to comply with this order will result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

October 1, 2013

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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