Carter v. Social Security Administration

Filing 2

ORDER that 1 Application for Leave to Proceed in forma pauperis is GRANTED. IT IS FURTHER ORDERED that the complaint be DISMISSED without prejudice with leave to amend. Amended Complaint deadline: 3/13/2015. Signed by Magistrate Judge George Foley, Jr on 2/12/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CAROL D. CARTER,

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Plaintiff,
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vs.
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SOCIAL SECURITY ADMINISTRATION,
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Defendants.
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__________________________________________)

Case No. 2:14-cv-1825-MMD-GWF
ORDER
Application to Proceed in Forma
Pauperis (#1) and Screening of
Complaint (#1-1)

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This matter comes before the Court on Plaintiff’s Application to Proceed in Forma Pauperis
(#1), filed on October 31, 2014.

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BACKGROUND

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The Plaintiff, Carol D. Carter, brings suit for review of her social security case. She claims

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that the denial of benefits to her causes her hardship due to her health problems. She has doctor

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appointments back to back every week, and she ends up in the emergency room every time. She

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has knee and back problems that result in major pain that give her difficulty standing or sitting. It

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is very difficult for her to get or maintain a job. She asks that the Judge looks at her case again.

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DISCUSSION
I.

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Application to Proceed In Forma Pauperis
Plaintiff filed this instant action and attached a financial affidavit to her application and

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complaint as required by 28 U.S.C. § 1915(a). Reviewing Carter’s financial affidavit pursuant to

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28 U.S.C. § 1915, the Court finds that Plaintiff is unable to pre-pay the filing fee. As a result,

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Plaintiff's request to proceed in forma pauperis in federal court is granted.

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...

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II.

Screening the Complaint
Upon granting a request to proceed in forma pauperis, a court must additionally screen a

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complaint pursuant to 28 U.S.C. § 1915(e). Specifically, federal courts are given the authority to

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dismiss a case if the action is legally “frivolous or malicious,” fails to state a claim upon which

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relief may be granted, or seeks monetary relief from a Defendant/Third Party Plaintiff who is

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immune from such relief. 28 U.S.C. § 1915(e)(2). A complaint, or portion thereof, should be

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dismissed for failure to state a claim upon which relief may be granted “if it appears beyond a

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doubt that the plaintiff can prove no set of facts in support of his claims that would entitle him to

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relief.” Buckey v. Los Angeles, 968 F.2d 791, 794 (9th Cir. 1992). A complaint may be dismissed

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as frivolous if it is premised on a nonexistent legal interest or delusional factual scenario. Neitzke

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v. Williams, 490 U.S. 319, 327–28 (1989). Moreover, “a finding of factual frivolousness is

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appropriate when the facts alleged rise to the level of the irrational or the wholly incredible,

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whether or not there are judicially noticeable facts available to contradict them.” Denton v.

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Hernandez, 504 U.S. 25, 33 (1992). When a court dismisses a complaint under § 1915(e), the

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plaintiff should be given leave to amend the complaint with directions as to curing its deficiencies,

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unless it is clear from the face of the complaint that the deficiencies could not be cured by

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amendment. See Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995).

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III.

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Instant Complaint
The Plaintiff asks this Court to review her social security application. A disagreement with

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the Social Security Administration’s final decision may be grounds for this Court to review the

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case. Federal courts only have jurisdiction to conduct judicial review of the SSA’s final decisions.

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See 42 U.S.C. § 405(g); see also Pacific Coast Medical Enterprises v. Harris, 633 F.2d 123, 137

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(9th Cir. 1980). It is unclear that Plaintiff has exhausted all her administrative remedies with the

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SSA. The Plaintiff’s brief complaint does not detail the evidence that was presented before the

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agency, who made the decision to deny the Plaintiff’s benefits, or if that decision was final. The

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Plaintiff does not give the Court the necessary information to determine if it has jurisdiction over

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this matter. Therefore, the Court will dismiss this complaint with leave to amend, to provide the

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Plaintiff another opportunity to give the Court the necessary information.
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If Plaintiff elects to proceed in this action by filing an amended complaint, she is informed

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that the court cannot refer to a prior pleading in order to make her amended complaint complete.

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Local Rule 15–1 requires that an amended complaint be complete in itself without reference to any

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prior pleading. This is because, as a general rule, an amended complaint supersedes the original

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complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir.1967). Once Plaintiff files an amended

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complaint, the original pleading no longer serves any function in the case. Therefore, in an

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amended complaint, as in an original complaint, each claim and the involvement of each defendant

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must be sufficiently alleged. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff's Application to Proceed In Forma Pauperis is

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granted. Plaintiff shall not be required to pre-pay the full filing fee of four hundred dollars

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($400.00).

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IT IS FURTHER ORDERED that Plaintiff is permitted to maintain this action to

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conclusion without the necessity of prepayment of any additional fees or costs or the giving of

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security therefor. This Order granting leave to proceed in forma pauperis shall not extend to the

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issuance of subpoenas at government expense.

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IT IS FURTHER ORDERED that Plaintiff’s Complaint be dismissed without prejudice

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with leave to amend. Plaintiff shall have until March 13, 2015 to file an amended complaint

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correcting the noted deficiencies.

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DATED this 12th day of February, 2015.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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