Smith v. Commissioner of Social Security

Filing 3

ORDER granting 1 Motion/Application for Leave to Proceed in forma pauperis. Amended Complaint deadline: 8/16/2017. Complaint is dismissed with leave to amend. Signed by Magistrate Judge Nancy J. Koppe on 8/2/2017. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 12 13 14 15 CRAIG R. SMITH, ) ) Plaintiff(s), ) ) vs. ) ) NANCY A. BERRYHILL, ) Acting Commissioner of Social Security, ) ) Defendant(s). ) __________________________________________) Case No. 2:17-cv-02092-JCM-NJK ORDER (Docket No. 1) Plaintiff has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis, (Docket 16 17 No. 1), and submitted a Complaint (Docket No. 1-1). 18 I. Application to Proceed In Forma Pauperis 19 Plaintiff has submitted the affidavit required by § 1915(a) showing an inability to prepay fees and 20 costs or give security for them. Docket No. 1. Accordingly, the request to proceed in forma pauperis will 21 be granted pursuant to § 1915(a). The Court will now review Plaintiff’s Complaint. 22 II. Screening the Complaint 23 When a party seeks permission to pursue a civil case in forma papueris, courts will screen the 24 complaint pursuant to federal statute. See 28 U.S.C. § 1915(e). Plaintiff’s counsel has submitted the same 25 form complaint that has been found insufficient on numerous occasions. See, e.g., Chaplin v. Berryhill, 26 2017 U.S. Dist. Lexis 114690, at *6 (D. Nev. July 21, 2017) (collecting cases). For the same reasons, 27 Plaintiff’s complaint here is deficient. 28 1 III. Conclusion 2 Based on the foregoing, IT IS ORDERED that: 3 1. Plaintiff’s request to proceed in forma pauperis is GRANTED with the caveat that the fees 4 shall be paid if recovery is made. At this time, Plaintiff shall not be required to pre-pay the 5 filing fee of four hundred dollars ($400.00). 6 2. Plaintiff is permitted to maintain the action to conclusion without the necessity of 7 prepayment of any additional fees or costs or the giving of a security therefor. The Order 8 granting leave to proceed in forma pauperis shall not extend to the issuance of subpoenas 9 at government expense. 10 3. The Clerk of Court shall file the Complaint. 11 4. The Complaint is DISMISSED with leave to amend. Plaintiff will have until August 16, 12 2017, to file an Amended Complaint, if Plaintiff believes he can correct the noted 13 deficiencies. 14 15 16 Dated: August 2, 2017 ________________________________________ NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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