Alfaro Brittany v. Commissioner of Social Security

Filing 13

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)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHALLA C. ALFARO BRITTANY, 12 Plaintiff, 13 14 vs. No. 2:16-CV-0867-JAM-CMK FINDINGS AND RECOMMENDATIONS COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 / 17 18 19 20 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 21 against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. 22 § 1915A(a). The court is also required to screen complaints brought by litigants who have been 23 granted leave to proceed in forma pauperis. See 28 U.S.C. § 1915(e)(2). Under these screening 24 provisions, the court must dismiss a complaint or portion thereof if it: (1) is frivolous or 25 malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief 26 from a defendant who is immune from such relief. See 28 U.S.C. §§ 1915(e)(2)(A), (B) and 1 1 1915A(b)(1), (2). Moreover, pursuant to Federal Rule of Civil Procedure 12(h)(3), this court 2 must dismiss an action if the court determines that it lacks subject matter jurisdiction. Because 3 plaintiff, who is not a prisoner, has been granted leave to proceed in forma pauperis, the court 4 will screen the complaint pursuant to § 1915(e)(2). Pursuant to Rule 12(h)(3), the court will also 5 consider as a threshold matter whether it has subject-matter jurisdiction. 6 In this case, plaintiff alleges that the Social Security Administration has not 7 removed her daughter as her payee. Plaintiff does not allege any facts, however, to show how, if 8 at all, her constitutional or statutory rights have been violated, or by whom. Nor does plaintiff 9 allege any facts to show what efforts, if any, she made to resolve the issue at the agency level. 10 Because plaintiff has not alleged any claim upon which relief can be granted, the complaint 11 should be dismissed. 12 13 Based on the foregoing, the undersigned recommends that this action be dismissed for failure to state a claim. 14 These findings and recommendations are submitted to the United States District 15 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days 16 after being served with these findings and recommendations, any party may file written 17 objections with the court. Responses to objections shall be filed within 14 days after service of 18 objections. Failure to file objections within the specified time may waive the right to appeal. 19 See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 20 21 22 23 DATED: August 23, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 24 25 26 2

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