Hadden v. Berryhill

Filing 3

ORDER granting ECF No. 1 Motion/Application for Leave to Proceed in forma pauperis. Clerk directed to file ECF No. 1 -1 Complaint and dismiss it with leave to amend. Amended Complaint due by 12/29/2017. Signed by Magistrate Judge George Foley, Jr on 11/21/2017. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 13 STACY HADDEN, ) ) Plaintiff, ) ) vs. ) ) NANCY A. BERRYHILL, Acting Commissioner ) of Social Security, ) ) Defendant. ) __________________________________________) 14 15 Case No. 2:17-cv-02817-MMD-GWF ORDER This matter is before the Court on Plaintiff’s Application to Proceed In Forma Pauperis (ECF No. 1), filed on November 8, 2017. 16 BACKGROUND 17 Plaintiff alleges a claim against the Social Security Administration (SSA). Plaintiff appears 18 to challenge its denial of social security benefits. Plaintiff alleges that at all times relevant to this 19 action, she was disabled as defined by the Social Security Act. Plaintiff claims that the Social 20 Security Commissioner, initially and upon appeal, denied her social security benefits. Plaintiff 21 now seeks judicial review of that decision. 22 DISCUSSION 23 I. 24 Plaintiff filed this instant action and attached a financial affidavit to her application and Application to Proceed In Forma Pauperis 25 complaint as required by 28 U.S.C. § 1915(a). Having reviewed Plaintiff’s financial affidavit 26 pursuant to 28 U.S.C. § 1915, the Court finds that Plaintiff is unable to pre-pay the filing fee. 27 Therefore, Plaintiff's request to proceed in forma pauperis in federal court is granted. 28 ... 1 II. 2 Upon granting a request to proceed in forma pauperis, a court must additionally screen a Complaint 3 complaint pursuant to 28 U.S.C. § 1915(e). Specifically, federal courts are given the authority to 4 dismiss a case if the action is legally “frivolous or malicious,” fails to state a claim upon which 5 relief may be granted, or seeks monetary relief from a defendant/third party plaintiff who is 6 immune from such relief. 28 U.S.C. § 1915(e)(2). A complaint, or portion thereof, should be 7 dismissed for failure to state a claim upon which relief may be granted “if it appears beyond a 8 doubt that the plaintiff can prove no set of facts in support of his claims that would entitle him to 9 relief.” Buckey v. Los Angeles, 968 F.2d 791, 794 (9th Cir. 1992). When a court dismisses a 10 complaint under § 1915(e), the plaintiff should be given leave to amend the complaint with 11 directions as to curing its deficiencies, unless it is clear from the face of the complaint that the 12 deficiencies could not be cured by amendment. See Cato v. United States, 70 F.3d 1103, 1106 (9th 13 Cir. 1995). 14 To satisfy the screening requirements with respect to social security appeals, a plaintiff must 15 set forth the following: (1) the plaintiff must establish that she has exhausted her administrative 16 remedies pursuant to 42 U.S.C. § 405(g), and that the civil action was commenced within sixty 17 days after notice of a final decision; (2) the complaint must indicate the judicial district in which 18 the plaintiff resides; (3) the complaint must state the nature of the plaintiff's disability and when the 19 plaintiff claims she became disabled; and (4) the complaint must contain a plain, short, and concise 20 statement identifying the nature of the plaintiff's disagreement with the determination made by the 21 Social Security Administration and show that the plaintiff is entitled to relief. Montoya v. Colvin, 22 2016 WL 890922, at *2 (D. Nev. Mar. 8, 2016) (citing Soete v. Colvin, 2013 WL 5947231, *2 (D. 23 Nev. Nov. 4, 2013); Pitcher v. Astrue, 2012 WL 3780354, *1 (D. Nev. Aug. 30, 2012)). 24 Plaintiff’s complaint is insufficient. Plaintiff does not allege that she exhausted her 25 administrative remedies, timely commenced this case, or that she resides in this judicial district. 26 Although Plaintiff discusses some of her medical conditions, she does not state the nature of her 27 disability clearly or when it commenced. Further, Plaintiff does not provide any allegations as to 28 why the Social Security Administration’s determination denying her benefits is wrong. The 2 1 plaintiff must provide a statement identifying the basis of the plaintiff's disagreement with the 2 Social Security Administration's determination and must make a showing that the plaintiff is 3 entitled to relief. Accordingly, 4 IT IS HEREBY ORDERED that Plaintiff's Application to Proceed In Forma Pauperis 5 (ECF No. 1) is granted. Plaintiff shall not be required to pre-pay the full filing fee of four hundred 6 dollars ($400.00). 7 8 9 IT IS FURTHER ORDERED that the Clerk of the Court shall file the Complaint (ECF No. 1-1). IT IS FURTHER ORDERED that the Complaint (ECF No. 1-1) is DISMISSED with 10 leave to amend. Plaintiff shall have until December 29, 2017 to file an amended complaint 11 correcting the noted deficiencies. 12 DATED this 21st day of November, 2017. 13 14 15 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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