Alfaro Brittany v. Commissioner of Social Security
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 8/23/17 recommending that this action be dismissed for failure to state a claim. F&R referred to District Judge John A. Mendez. Objections to F&R due within 14 days. (Kaminski, H)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MICHALLA C. ALFARO BRITTANY,
FINDINGS AND RECOMMENDATIONS
COMMISSIONER OF SOCIAL
Plaintiff, who is proceeding pro se, brings this civil action. Pending before the
court is plaintiff’s complaint (Doc. 1).
The court is required to screen complaints brought by prisoners seeking relief
against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C.
§ 1915A(a). The court is also required to screen complaints brought by litigants who have been
granted leave to proceed in forma pauperis. See 28 U.S.C. § 1915(e)(2). Under these screening
provisions, the court must dismiss a complaint or portion thereof if it: (1) is frivolous or
malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief
from a defendant who is immune from such relief. See 28 U.S.C. §§ 1915(e)(2)(A), (B) and
1915A(b)(1), (2). Moreover, pursuant to Federal Rule of Civil Procedure 12(h)(3), this court
must dismiss an action if the court determines that it lacks subject matter jurisdiction. Because
plaintiff, who is not a prisoner, has been granted leave to proceed in forma pauperis, the court
will screen the complaint pursuant to § 1915(e)(2). Pursuant to Rule 12(h)(3), the court will also
consider as a threshold matter whether it has subject-matter jurisdiction.
In this case, plaintiff alleges that the Social Security Administration has not
removed her daughter as her payee. Plaintiff does not allege any facts, however, to show how, if
at all, her constitutional or statutory rights have been violated, or by whom. Nor does plaintiff
allege any facts to show what efforts, if any, she made to resolve the issue at the agency level.
Because plaintiff has not alleged any claim upon which relief can be granted, the complaint
should be dismissed.
Based on the foregoing, the undersigned recommends that this action be dismissed
for failure to state a claim.
These findings and recommendations are submitted to the United States District
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days
after being served with these findings and recommendations, any party may file written
objections with the court. Responses to objections shall be filed within 14 days after service of
objections. Failure to file objections within the specified time may waive the right to appeal.
See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
DATED: August 23, 2017
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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