Comarova v. Berryhill

Filing 3

ORDER. IT IS ORDERED that 1 Plaintiff's Application to Proceed In Forma Pauperis is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court file 1 -1 the Complaint and serve the Commissioner of the Social Security Administration by sending a copy of the summons and 1 -1 Complaint by certified mail. Signed by Magistrate Judge Cam Ferenbach on 10/11/17. (Copies have been distributed pursuant to the NEF - cc: USM- AUSA, NV - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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VALERIE COMAROVA,

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Plaintiff,
vs.
NANCY A. BERRYHILL, Acting Commissioner
of Social Security,

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2:17-cv-02611-GMN-VCF
ORDER
[Motion/Application for Leave to Proceed in
forma pauperis (ECF No.1)]

Defendant.
Before the court is Plaintiff Valerie Comarova’s Motion/Application to Proceed In Forma
Pauperis (ECF No. 1).

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I.

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Plaintiff asserts in her application to proceed in forma pauperis that she receives $815.00 in welfare

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and food stamps. Id. Accordingly, Plaintiff’s request to proceed in forma pauperis is granted pursuant to

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§ 1915(a).

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II.

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Upon granting a request to proceed in forma pauperis, a court must additionally screen a complaint

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pursuant to § 1915(e). Specifically, federal courts are given the authority to dismiss a case if the action is

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legally “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks monetary

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relief from a defendant who is immune from such relief. § 1915(e)(2). “To survive a motion to dismiss,

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a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is

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plausible on its face.” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (internal quotations and citation

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omitted).

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In Forma Pauperis Application

Screening the Complaint

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In considering whether the plaintiff has stated a claim upon which relief can be granted, all material

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allegations in the complaint are accepted as true and are to be construed in the light most favorable to the

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plaintiff. Russell v. Landrieu, 621 F.2d 1037, 1039 (9th Cir. 1980). When a court dismisses a complaint

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under § 1915(e), the plaintiff should be given leave to amend the complaint with directions as to curing

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its deficiencies, 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) (citation omitted).
Plaintiff’s Complaint

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A.

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Plaintiff’s complaint arises from an unfavorable decision by the Commissioner of Social Security

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Administration (hereinafter “Commissioner”). (ECF NO. 1-1). Plaintiff asserts that she is “disabled as

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that term is defined in the Social Security Act.” Id. The Commissioner denied her application for lack of

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disability. Id. Plaintiff has appealed the decision of the Commissioner to this court, and requests that

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this court reverse that decision, or in the alternative, remand this matter for a new hearing... Id.

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Plaintiff may appeal to this court the Commissioner’s denial of her application for either Disability

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Insurance Benefits or Supplemental Security Income under Titles II and XVI of the Social Security Act,

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respectively. See 42 U.S.C. §§ 401-433, 1381-82c. This Court has jurisdiction over the matter. Id.

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Construing plaintiff’s allegations in light most favorable to plaintiff, the court finds that plaintiff has

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asserted a claim upon which relief can be granted. See Russell, 621 F.2d at 1039.

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Accordingly, and for good cause shown,

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IT IS ORDERED that Plaintiff’s Application to Proceed In Forma Pauperis (ECF No. 1) is

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GRANTED.

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IT IS FURTHER ORDERED that the Plaintiff is permitted to maintain the action to conclusion

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without the necessity of prepayment of any additional fees, costs, or security. This order granting in forma

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pauperis status does not extend to the issuance of subpoenas at government expense.

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2

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IT IS FURTHER ORDERED that the Clerk of the Court file the Complaint (ECF No. 1-1) and

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serve the Commissioner of the Social Security Administration by sending a copy of the summons and

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Complaint (ECF NO. 1-1) by certified mail to: (1) the Attorney General of the United States, Department

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of Justice, 950 Pennsylvania Avenue, N.W., Room 4400, Washington, D.C. 20530; and (3) Office of the

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Regional Chief Counsel, Region IX, Social Security Administration, 160 Spear St., Suite 899, San

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Francisco, CA 94105-1545.

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IT IS FURTHER ORDERED that the Clerk of Court issue summons to the United States Attorney

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for the District of Nevada and deliver the summons and Complaint (ECF NO. 1-1) to the U.S. Marshal for

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service.

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IT IS FURTHER ORDERED that from this point forward, Plaintiff must serve upon defendant, or

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his attorney if he has retained one, a copy of every pleading, motion, or other document submitted for

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consideration by the court. Plaintiff must include with the original paper submitted for filing a certificate

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stating the date that a true and correct copy of the document was mailed to the defendants or their counsel.

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The court may disregard any paper received by a district judge, magistrate judge, or the Clerk which fails

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to include a certificate of service.

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DATED this 11th day of October, 2017.
_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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