A.W. v. Tehachapi Unified School District

Filing 5

ORDER GRANTING 4 Motion to Proceed IFP signed by Magistrate Judge Jennifer L. Thurston on 8/2/2017. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 A.W. by and through his mother, AMY WRIGHT, ) ) ) Plaintiff, ) ) v. ) ) TEHACHAPI UNIFIED SCHOOL DISTRICT, ) ) Defendant. ) ) ) Case No.: 1:17-cv-00854 DAD JLT ORDER GRANTING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS (Doc. 4) ORDER DIRECTING CLERK TO ISSUE SUMMONS AND CASE DOCUMENTS ORDER DIRECTING SERVICE OF THE COMPLAINT 17 A.W. seeks to proceed in forma pauperis with an action for judicial review of the administrative 18 19 decision related to his IDEA claims. Pending before the Court are the complaint and the motioN to 20 proceed in forma pauperis. For the following reasons, the Court finds service of the complaint is 21 appropriate. 22 I. Proceeding in forma pauperis The Court may authorize the commencement of an action without prepayment of fees “by a 23 24 person who submits an affidavit that includes a statement of all assets such person . . . possesses [and] 25 that the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a). The Court 26 reviewed the financial status affidavit (Doc. 4) and finds the requirements of 28 U.S.C. § 1915(a) are 27 satisfied. Therefore, Plaintiff’s request to proceed in forma pauperis is GRANTED. 28 /// 1 1 II. Screening Requirement When an individual seeks to proceed in forma pauperis, the Court is required to review the 2 3 complaint and shall dismiss a complaint, or portion of the complaint, if it is “frivolous, malicious or 4 fails to state a claim upon which relief may be granted; or . . . seeks monetary relief from a defendant 5 who is immune from such relief.” 28 U.S.C. § 1915A(b); 28 U.S.C. § 1915(e)(2). A plaintiff’s claim 6 is frivolous “when the facts alleged rise to the level of the irrational or the wholly incredible, whether or 7 not there are judicially noticeable facts available to contradict them.” Denton v. Hernandez, 504 U.S. 8 25, 32-33 (1992). 9 III. Pleading Standards 10 General rules for pleading complaints are governed by the Federal Rules of Civil Procedure. A 11 pleading must include a statement affirming the court’s jurisdiction, “a short and plain statement of the 12 claim showing the pleader is entitled to relief; and . . . a demand for the relief sought, which may 13 include relief in the alternative or different types of relief.” Fed. R. Civ. P. 8(a). 14 A complaint must give fair notice and state the elements of the plaintiff’s claim in a plain and 15 succinct manner. Jones v. Cmty. Redevelopment Agency, 733 F.2d 646, 649 (9th Cir. 1984). The 16 purpose of the complaint is to give the defendant fair notice of the claims against him, and the grounds 17 upon which the complaint stands. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002). The 18 Supreme Court noted, 21 Rule 8 does not require detailed factual allegations, but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation. A pleading that offers labels and conclusions or a formulaic recitation of the elements of a cause of action will not do. Nor does a complaint suffice if it tenders naked assertions devoid of further factual enhancement. 22 Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009) (internal quotation marks and citations omitted). Vague 23 and conclusory allegations do not support a cause of action. Ivey v. Board of Regents, 673 F.2d 266, 24 268 (9th Cir. 1982). The Court clarified further, 19 20 25 26 27 28 [A] complaint must contain sufficient factual matter, accepted as true, to “state a claim to relief that is plausible on its face.” [Citation]. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. [Citation]. The plausibility standard is not akin to a “probability requirement,” but it asks for more than a sheer possibility that a defendant has acted unlawfully. [Citation]. Where a complaint pleads facts that are “merely consistent with” a defendant’s liability, it “stops short of 2 the line between possibility and plausibility of ‘entitlement to relief.’ 1 2 Iqbal, 556 U.S. at 679 (citations omitted). When factual allegations are well-pled, a court should 3 assume their truth and determine whether the facts would make the plaintiff entitled to relief; legal 4 conclusions are not entitled to the same assumption of truth. Id. The Court may grant leave to amend a 5 complaint to the extent deficiencies of the complaint can be cured by an amendment. Lopez v. Smith, 6 203 F.3d 1122, 1127-28 (9th Cir. 2000) (en banc). 7 IV. Plaintiff seeks review of a decision by an Adminsitrative Law Judge finding that the defendant 8 9 Discussion and Analysis provided a Free and Appropriate Education and to recover attorney’s fees. (Doc. 1) The Court has 10 jurisdiction over this matter. 20 U.S.C. § 1415(i)(2); 28 U.S.C. § 1367. 11 V. 12 13 Conclusion and Order Plaintiff’s complaint states a cognizable claim for review of the administrative decision denying Social Security benefits. Based upon the foregoing, the Court ORDERS: 14 1. Plaintiff’s motion to proceed in forma pauperis (Doc. 4) is GRANTED; 15 2. The Clerk of Court is DIRECTED to issue summons as to the defendant,Tehachapi Unified School District; 16 17 3. including the Order regarding Consent, the Consent Form, and USM-285 Forms; and 18 19 The Clerk of Court is DIRECTED to issue and serve Plaintiff with Case Documents, 4. The U.S. Marshal is DIRECTED to serve a copy of the complaint, summons, and this order upon the defendant as directed by Plaintiff in the USM Forms. 20 21 22 23 24 IT IS SO ORDERED. Dated: August 2, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 25 26 27 28 3

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