Peters v. Social Security Administration

Filing 4

ORDER. Signed by Judge Hamilton on 11/12/08. (pjhlc3, COURT STAFF) (Filed on 11/12/2008) (Additional attachment(s) added on 11/12/2008: # 1 Certificate of Service) (nah, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARNOLD S. PETERS, Plaintiff, No. C 08-5022 PJH ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

v. SOCIAL SECURITY ADMINISTRATION, Defendant. _________________________________/

On November 4, 2008, plaintiff filed the nearly 200-page complaint in this case, and the clerks office for this court subsequently characterized the case as a social security appeal. Plaintiff also filed a request to proceed in forma pauperis. Much of plaintiff's complaint is incomprehensible; however, based on plaintiff's allegations, it appears to the court that this case may have been improperly characterized as an appeal. Plaintiff is advised that a social security appeal requires a final decision by an administrative law judge or "ALJ" denying him disability benefits pursuant to 42 U.S.C. § 405(g). The standards for evaluating plaintiff's application to proceed in forma pauperis differ depending on whether plaintiff is appealing a decision of an ALJ or is filing a civil complaint alleging certain claims in the first instance. Accordingly, plaintiff is ORDERED to file with this court no later than Wednesday, November 26, 2008, a written statement clarifying the nature of his complaint, and specifically, stating whether he has already appeared before an ALJ in this matter, and whether he is appealing an

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ALJ's denial of his application for social security benefits. If plaintiff is not appealing the denial of social security benefits but is instead attempting to sue a public agency for civil rights violations, he must file an amended complaint setting forth the factual and legal bases for his claims. Additionally, plaintiff is further ORDERED to identify with more precision who he is suing, as his current complaint does not enable a process server to find the defendant. If plaintiff is suing on claims that are not an appeal of alleged error(s) committed by an ALJ, then the court will screen plaintiff's complaint under 28 U.S.C. § 1915. A ruling on plaintiff's application to proceed in forma pauperis will be deferred until the court receives either clarification or the amended complaint. IT IS SO ORDERED.

Dated: November 12, 2008

____________________________________ PHYLLIS J. HAMILTON United States District Judge

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