Davis v. Social Security Office Administrator

Filing 7

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. Signed by District Judge Ronnie L. White on 03/01/2017. (KCB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CORYESHA DA VIS, Plaintiff, V. SOCIAL SECURITY OFFICE ADMINISTRATOR, Defendant. ) ) ) ) ) ) ) ) ) ) No. 4:17-CV-309 RLW MEMORANDUM AND ORDER This matter is before the Court on review of plaintiffs pro se amended complaint under 28 U.S.C. § 1915(e). Upon review, the Court finds that this action must be dismissed. 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. Discussion The Court reviewed the original complaint and found it to be entirely incomprehensible. The Court ordered plaintiff to file an amended complaint that stated her facts clearly. She has failed to do so. Plaintiff alleges the following facts: "Been haveing issue with recieve fund in time fashion so I might be able to pay the fee which are due upon request." (Sics omitted). These facts fail to show a violation of federal law. As a result, this action is legally frivolous. According! y, IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. An Order of;~n;ssal will be filed forthwith. Dated this day of March, 2017. • ' / / ~ ~-----~--·· _______ _Wf ULZ-J ~!EL.WHITE UNITED STATES DISTRICT JUDGE 2

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