Tahir v. Berryhill

Filing 10

ORDER by Judge Haywood S. Gilliam, Jr. DECLINING TO ADOPT MAGISTRATE JUDGES 7 REPORT AND RECOMMENDATION REGARDING DISMISSAL.(ndrS, COURT STAFF) (Filed on 10/29/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SYED ABU TAHIR,

Case No. 18-cv-03675-HSG

Plaintiff,
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v.
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NANCY A. BERRYHILL,
Defendant.

Re: Dkt. No. 7

United States District Court
Northern District of California

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ORDER DECLINING TO ADOPT
MAGISTRATE JUDGE’S REPORT
AND RECOMMENDATION
REGARDING DISMISSAL

The Court has reviewed the Report and Recommendation Re Dismissal, Dkt. No. 7, as

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well as Plaintiff’s objection to the report, Dkt. No. 9. The Court finds that Plaintiff has met the

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pleading requirements and that the complaint should be served on the Defendant.

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The Court must screen every civil action brought in forma pauperis under 28 U.S.C.

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1915(a), and dismiss any case that is “frivolous or malicious,” “fails to state a claim on which

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relief may be granted,” or “seeks monetary relief against a defendant who is immune from relief.”

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28 U.S.C. § 1915(e)(2)(B); see Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001); Lopez v.

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Smith, 203 F.3d 1122, 1126–27 (9th Cir. 2000) (en banc) (noting that 28 U.S.C. § 1915(e) “not

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only permits but requires a district court to dismiss an in forma pauperis complaint that fails to

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state a claim”). To state a claim on which relief may be granted, a plaintiff must plead “enough

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facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S.

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544, 570 (2007). A claim is facially plausible when a plaintiff pleads “factual content that allows

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the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”

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Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

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The Magistrate Judge found that Plaintiff’s initial complaint failed to state a claim upon

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which relief can be granted. See Dkt. No. 5 at 3. But Plaintiff fully completed the form for

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judicial review of decisions of the Commissioner of Social Security provided on the Court’s

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website. See Complaint, Dkt. No. 1. The Court finds that Plaintiff’s initial complaint established

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a facially plausible claim and was sufficient to meet the screening requirement.

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The Court advises Mr. Tahir that the Legal Help Center at both the San Francisco and

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Oakland Federal Courthouses provides free information and limited-scope legal advice to pro se

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litigants in civil cases. Services are provided by appointment only. An appointment may be

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scheduled by either: (1) signing up in the appointment book located outside the door of the Legal

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Help Center in San Francisco or Oakland, or (2) calling [phone]. The Court strongly

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encourages Plaintiff to take advantage of this resource.

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The complaint having been found sufficient under 28 U.S.C. § 1915, it is ORDERED that
the Clerk issue summons, and it is further ORDERED that the U.S. Marshal for the Northern

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United States District Court
Northern District of California

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District of California serve, without prepayment of fees, a copy of the complaint, any

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amendments, attachments, scheduling orders and other documents specified by the Clerk, and this

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order upon the defendant.

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IT IS SO ORDERED.
Dated: 10/29/2018

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________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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