Davis v. Social Security Office Administrator
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 2 ] is GRANTED. IT IS FURTHER ORDERED that the Clerk is directed to send plaintiff a complaint form. IT IS FURTHER ORDERED that plaintif f must file an amended complaint no later than February 22, 2017. If plaintiff does not submit an amended complaint by that date, the Court will dismiss this action without prejudice. Signed by District Judge Ronnie L. White on 1/31/2017. (A copy of the Complaint Form was mailed to Plaintiff.) (NEB)
UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOCIAL SECURITY OFFICE
No. 4:17-CV-309 RLW
MEMORANDUM AND ORDER
This matter is before the Court on plaintiffs civil complaint and motion for leave to
proceed in forma pauperis. Plaintiff is granted in forma pauperis status. Additionally, the Court
will require plaintiff to submit an amended complaint.
Standard of Review
Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma
pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted.
To state a claim for relief, a complaint must plead more than "legal conclusions" and
" [t]hreadbare recitals of the elements of a cause of action [that are] supported by mere
conclusory statements." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
A plaintiff must
demonstrate a plausible claim for relief, which is more than a "mere possibility of misconduct."
Id. at 679. "A claim has facial plausibility when the plaintiff pleads factual content that allows
the court to draw the reasonable inference that the defendant is liable for the misconduct
alleged." Id. at 678. Determining whether a complaint states a plausible claim for relief is a
context-specific task that requires the reviewing court to draw on its judicial experience and
common sense. Id. at 679.
The allegations in the complaint are impossible to understand.
Plaintiff alleges that
something happened to her Social Security debit card. It appears that maybe she was unable to
fix her furnace as a result and suffered from cold weather this winter. Also, she may have been
unable to afford to pay for food. However, the Court can only guess whether these are her actual
allegations. Finally, plaintiff has not stated what law or laws she thinks defendant has violated.
Because plaintiff is proceeding pro se, the Court will allow her to submit an amended
complaint. In it, she must tell the Court what law she believes defendant violated. She must also
tell the Court whether she is attempting to sue the Social Security Administration or one of its
employees. If she is trying to sue the Administration, she should tell the Court whether she has
filed a complaint about this issue with it. She must also explain the facts of this case in a manner
which the Court can understand. Her amended complaint must contain all of her allegations
against the defendant.
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF
No. 2] is GRANTED.
IT IS FURTHER ORDERED that the Clerk is directed to send plaintiff a complaint
IT IS FURTHER ORDERED that plaintiff must file an amended complaint no later
than February 22, 2017. If plaintiff does not submit an amended complaint by that date, the
Court will dismiss this action without prejudice.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE
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