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