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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHALLA C. ALFARO BRITTANY,

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Plaintiff,

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vs.

No. 2:16-CV-0867-JAM-CMK

FINDINGS AND RECOMMENDATIONS

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.
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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

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against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C.

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§ 1915A(a). The court is also required to screen complaints brought by litigants who have been

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granted leave to proceed in forma pauperis. See 28 U.S.C. § 1915(e)(2). Under these screening

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provisions, the court must dismiss a complaint or portion thereof if it: (1) is frivolous or

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malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief

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from a defendant who is immune from such relief. See 28 U.S.C. §§ 1915(e)(2)(A), (B) and
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1915A(b)(1), (2). Moreover, pursuant to Federal Rule of Civil Procedure 12(h)(3), this court

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must dismiss an action if the court determines that it lacks subject matter jurisdiction. Because

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plaintiff, who is not a prisoner, has been granted leave to proceed in forma pauperis, the court

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will screen the complaint pursuant to § 1915(e)(2). Pursuant to Rule 12(h)(3), the court will also

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consider as a threshold matter whether it has subject-matter jurisdiction.

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In this case, plaintiff alleges that the Social Security Administration has not

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removed her daughter as her payee. Plaintiff does not allege any facts, however, to show how, if

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at all, her constitutional or statutory rights have been violated, or by whom. Nor does plaintiff

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allege any facts to show what efforts, if any, she made to resolve the issue at the agency level.

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Because plaintiff has not alleged any claim upon which relief can be granted, the complaint

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should be dismissed.

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Based on the foregoing, the undersigned recommends that this action be dismissed
for failure to state a claim.

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These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days

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after being served with these findings and recommendations, any party may file written

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objections with the court. Responses to objections shall be filed within 14 days after service of

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objections. Failure to file objections within the specified time may waive the right to appeal.

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See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: August 23, 2017
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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