Jordan v. Commissioner of Social Security

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 12/30/14 ORDERING that the court's 12/30/14, scheduling order is vacated. Plaintiff must submit an amended complaint within 30 days of the service of this order. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAMECA T. JORDAN,

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No. 2:14-cv-02992-AC

Plaintiff,
v.

ORDER

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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On December 30, 2014, defendant the Commissioner of Social Security

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(“Commissioner”) filed a notice of removal, asserting jurisdiction based on 28 U.S.C. §§ 1441 &

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1442. ECF No. 1. The Commissioner’s notice states that plaintiff’s complaint can best be

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understood as an appeal from a denial of social security benefits along with a tort claim. ECF No.

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1 at 2. However, the court finds that plaintiff’s complaint contains insufficient information to

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support construction as either an appeal or a claim for tort damages. Plaintiff’s complaint names

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“the Commissioner of Social Security” as defendant and asserts $10,000 in damages for “pain and

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suffering” and “back pay.” ECF No. 1-1 at 2. Based on these allegations the court cannot discern

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what type of claim plaintiff is attempting to assert (i.e. tort, appeal, etc.), much less find that

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plaintiff has stated a cognizable claim for relief. See Bell Atl. Corp. v. Twombly, 550 U.S. 544,

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555–56 (2007). Accordingly, the court HEREBY ORDERS that:
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1. The court’s December 30, 2014, scheduling order is vacated; and

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2. Plaintiff must submit an amended complaint within thirty (30) days of the service of

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this order that states a claim for relief and complies with the requirements of the Federal Rules of

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Civil Procedure and the Local Rules of Practice. The amended complaint must bear the docket

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number assigned this case and must be labeled “First Amended Complaint.” If plaintiff seeks

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judicial review of a final decision of the Commissioner of Social Security (“Commissioner”)

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denying an application for a period of disability and disability insurance benefits (“DIB”) under

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Title II of the Social Security Act (“the Act”) and/or Supplemental Security Income (“SSI”) under

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Title XVI of the Act, she shall so specify.

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DATED: December 30, 2014

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