Lee v. Berryhill

Filing 14

ORDER DENYING MOTION FOR EXTENSION OF TIME AND DISMISSING SHELTON EAVES FROM THIS ACTION 12 . (Illston, Susan) (Filed on 8/23/2017) (Additional attachment(s) added on 8/23/2017: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

THEODORE LEE, SHELTON EAVES,

8

Plaintiffs,
v.

9
10

NANCY A. BERRYHILL,
Defendant.

United States District Court
Northern District of California

11

Case No. 17-cv-03976-SI
ORDER DENYING MOTION FOR
EXTENSION OF TIME AND
DISMISSING SHELTON EAVES FROM
THIS ACTION
Re: Dkt. No. 12

12
13

On July 14, 2017, plaintiff “Theodore Lee Shelton Eaves” filed pro se a complaint in this

14

case, entitled “Complaint for Judicial Review of Decision of Commissioner of Social Security.”

15

Docket No. 1. It was unclear to the Court at the time whether the case was being brought by one

16

person or two. See id.; Docket No. 5. The Court gave plaintiff information to contact the Legal

17

Help Center for assistance and ordered that a new complaint be filed by August 8, 2017. Docket

18

No. 5. On July 25, 2017, Theodore Lee filed a new complaint. Docket No. 7. On August 8,

19

2017, Shelton Eaves filed a motion for an extension of time. Docket No. 12.

20

It has become apparent from the recently filed papers that there are two plaintiffs in this

21

case, Theodore Lee and Shelton Eaves, and that Mr. Eaves does not state a claim for relief. Mr.

22

Eaves’s motion states that his July 14 filing was an effort “to see if I could get on SSI . . . .” Id. at

23

2. He is seeking an extension of time “to fil[e] for my Social Security . . . .” Id. This Court does

24

not decide applications for Social Security benefits.

25

Commissioner of Social Security makes. 42 U.S.C. § 405(g). If Mr. Eaves wishes to apply for

26

SSI, he should contact the Social Security Administration at 1-800-772-1213. By calling that

27

number, he can learn where his local Social Security Office is and can learn about how to apply

28

for SSI.

This Court reviews decisions that the

1

Because this Court cannot rule on whether Mr. Eaves is entitled to SSI in the first instance,

2

Mr. Eaves’s motion for an extension of time is DENIED and Mr. Eaves is DISMISSED from

3

this action.

4
5
6
7
8

IT IS SO ORDERED.
Dated: August 23, 2017
______________________________________
SUSAN ILLSTON
United States District Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2