Raynor v. Dept of Social Security, Washington DC

Filing 7

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 11/3/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02140-GPG
LINDA S. RAYNOR,
Plaintiff,
v.
DEP=T of SOCIAL SECURITY,
Defendant.

ORDER OF DISMISSAL

Plaintiff Linda S. Raynor, acting pro se, initiated this action by filing a Complaint.
The only claims Plaintiff asserted in the original complaint, under paragraph 5., is that the
Acase is very badley [sic] done by SSI losing files, information for last couple of years@ and
that her physical condition does not allow her to work. Compl., ECF No. 1, at 2. Under
paragraph 4., Plaintiff refers to an attachment that she apparently intended to use as a
statement of the basis for jurisdiction in this case. Plaintiff attached two pages that are
copies of 18 U.S.C. '' 1590 and 1962, which are criminal statutes and are not proper
statutory authorities for a denial of a social security disability benefits claim.
Furthermore, Plaintiff stated she seeks back pay for SSI Ascrew up.@ ECF No. 1 at 6.
Plaintiff also filed an Application to Proceed in District Court Without Prepaying
Fees or Costs, ECF No. 3, that was granted on September 29, 2015. Magistrate Judge
Gordon P. Gallagher entered an order on September 29 that directed Plaintiff to file an
Amended Complaint and to comply with the pleading requirements of Rule 8 of the

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Federal Rules of Civil Procedure. The twin purposes of a complaint are to give the
opposing parties fair notice of the basis for the claims against them so that they may
respond and to allow the court to conclude that the allegations, if proven, show that the
plaintiff is entitled to relief. See Monument Builders of Greater Kansas City, Inc. v.
American Cemetery Ass=n of Kansas, 891 F.2d 1473, 1480 (10th Cir. 1989). The
requirements of Fed. R. Civ. P. 8 are designed to meet these purposes. See TV
Communications Network, Inc. v. ESPN, Inc., 767 F. Supp. 1062, 1069 (D. Colo. 1991),
aff=d, 964 F.2d 1022 (10th Cir. 1992). Specifically, Rule 8(a) requires that a complaint
Acontain (1) a short and plain statement of the grounds for the court=s jurisdiction, . . . (2) a
short and plain statement of the claim showing that the pleader is entitled to relief, and (3)
a demand for the relief sought . . . .@
The Court agrees with Magistrate Judge Gallagher that Plaintiff failed to comply
with Rule 8 and an amended complaint was needed to correct the Rule 8 deficiencies.
Plaintiff failed to assert the jurisdiction for her claims; and if she is challenging the denial
of social security disabilities, pursuant to 42 U.S.C. ' 405(g), she failed to state why her
administrative claim for social security disability was denied and the reason the decision
is erroneous.
On October 19, 2015, Plaintiff filed an Amended Complaint. This time, Plaintiff
states that she has things wrong with her that requires Social Security to pay her. Am.
Compl., ECF 6, at 2. Plaintiff further asserts that she has a bad disk, bad knees, five
metal clamps, and a net and plug from a hernia surgery in 2000. Id. Plaintiff, however,
fails to assert any claims and state, as she was directed to do in the September 29 Order,
the reason her administrative claim for social security disability was denied and why she
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believes that decision was erroneous. Rather than state any claim, Plaintiff attaches two
reports from a doctor, one dated March 12, 2014, and the other dated June 3, 2014,
regarding her disk disease. Finally, Plaintiff states that jurisdiction is proper because a
federal court has jurisdiction over social security.
Even if the Court finds proper jurisdiction for Plaintiff=s claims pursuant to 42
U.S.C. ' 405(g), based on Plaintiff=s claim that jurisdiction is proper because federal
courts have authority over social security, she has failed to comply with Fed. R. Civ. P. 8,
as she was directed to do in the September 29, 2015 Order, and state the reason her
administrative claim for social security disability was denied and why she believes that
decision was erroneous. Therefore, the action will be dismissed without prejudice for
failure to comply with a Court order.
Furthermore, the Court certifies pursuant to 28 U.S.C. ' 1915(a)(3) that any appeal
from this Order would not be taken in good faith and therefore in forma pauperis status will
be denied for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438
(1962). If Plaintiff files a notice of appeal she also must pay the full $505 appellate filing
fee or file a motion to proceed in forma pauperis in the United States Court of Appeals for
the Tenth Circuit within thirty days in accordance with Fed. R. App. P. 24.
Accordingly, it is
ORDERED that the Complaint and the action are dismissed without prejudice
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Plaintiff failed to
comply with a Court order. It is

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FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this

3rd

day of

November

, 2015.

BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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