Smith v. Social Security Administration Department of California

Filing 10

ORDER DISMISSING CASE. Signed by Chief Magistrate Judge Joseph C. Spero on 11/7/17. (klhS, COURT STAFF) (Filed on 11/7/2017)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 ADRIAN REYNARD SMITH, 11 Case No. 17-cv-03768-JCS (PR) United States District Court Northern District of California Plaintiff, 12 v. ORDER OF DISMISSAL 13 SOCIAL SECURITY ADMINISTRATION DEPARTMENT OF CALIFORNIA, et al., 14 15 Defendants. 16 17 INTRODUCTION 18 Plaintiff alleged in his original civil rights complaint that the Social Security 19 Administration failed to notify him that his Social Security number had been misused. 1 20 The complaint was dismissed for failure to state a claim for relief. 21 The amended complaint, the subject of this order, similarly fails to state a claim. 22 Accordingly, this federal civil rights action is DISMISSED. 23 24 25 26 1 27 28 Plaintiff consented to magistrate judge jurisdiction. (Dkt. No. 5.) The magistrate judge, then, has jurisdiction to issue this order, even though defendants have not been served or consented to magistrate judge jurisdiction. See Neals v. Norwood, 59 F.3d 530, 532 (5th Cir. 1995). DISCUSSION 1 2 A. Standard of Review A “complaint must contain sufficient factual matter, accepted as true, to „state a 3 claim to relief that is plausible on its face.‟” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) 5 (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial 6 plausibility when the plaintiff pleads factual content that allows the court to draw the 7 reasonable inference that the defendant is liable for the misconduct alleged.” Id. (quoting 8 Twombly, 550 U.S. at 556). Furthermore, a court “is not required to accept legal 9 conclusions cast in the form of factual allegations if those conclusions cannot reasonably 10 be drawn from the facts alleged.” Clegg v. Cult Awareness Network, 18 F.3d 752, 754-55 11 United States District Court Northern District of California 4 (9th Cir. 1994). 12 B. Legal Claims 13 1. Original Complaint 14 Plaintiff alleged in his original complaint that his “Social Security number has been 15 used wrongfully for filing taxes, for which I did not give permission to file.” (Compl. at 16 3.) He further alleged that “The Social Security Administration . . . has not contacted me 17 regarding these incidents that occur[r]ed” in 2014, 2015, and 2016. (Id.) 18 These allegations were insufficient to state a claim for relief. First, plaintiff failed 19 to show any liability on the part of the Social Security Administration (“SSA”). It appears 20 that some person or persons misused his Social Security number (“SSN”). The fault, 21 therefore, lies with such persons, not with the SSA. 22 Second, plaintiff did not identify any law that requires that the SSA contact him 23 when fraudulent use of his SSN occurs. The Court directed plaintiff to identify in his 24 amended complaint what law or legal theory forms the basis of the SSA‟s liability. 25 Third, plaintiff‟s allegations were bare of specifics, such as what amounts he 26 believes are owed to him because of the misuse of his SSN. The Court directed plaintiff to 27 provide greater detail in his amended complaint. 28 2 1 2. Amended Complaint 2 The amended complaint fails to correct the deficiencies of the first. Plaintiff fails to 3 identify any law or legal theory on which he bases the SSA‟s liability.2 Accordingly, his 4 claims against the SSA are DISMISSED. Plaintiff adds a new defendant, Bank of America. The bank cannot be sued under 5 6 section 1983 because it is a private, not a state, actor. Gomez v. Toledo, 446 U.S. 635, 640 7 (1980). Accordingly, his claims against Bank of America are DISMISSED. 8 CONCLUSION 9 This federal civil rights action is DISMISSED. The Clerk shall enter judgment in favor of defendants, and close the file. 11 United States District Court Northern District of California 10 IT IS SO ORDERED. 12 Dated: November 7, 2017 _________________________ JOSEPH C. SPERO Chief Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Identifying the correct law or legal theory was particularly important here because the SSA, as a federal entity, cannot be sued under section 1983, which provides a method by which a person can sue a state actor. 3 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ADRIAN REYNARD SMITH, Case No. 17-cv-03768-JCS Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 United States District Court Northern District of California 11 12 13 14 15 SOCIAL SECURITY ADMINISTRATION DEPARTMENT OF CALIFORNIA, et al., Defendants. I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on November 7, 2017, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 Adrian Reynard Smith ID: #567942 3554 17th Street, Apt. 2 San Francisco, CA 94110 19 20 Dated: November 7, 2017 21 22 23 24 25 Susan Y. Soong Clerk, United States District Court By:________________________ Karen Hom, Deputy Clerk to the Honorable JOSEPH C. SPERO 26 27 28 4

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