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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STACY HADDEN,

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

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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.

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BACKGROUND

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Plaintiff alleges a claim against the Social Security Administration (SSA). Plaintiff appears

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to challenge its denial of social security benefits. Plaintiff alleges that at all times relevant to this

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action, she was disabled as defined by the Social Security Act. Plaintiff claims that the Social

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Security Commissioner, initially and upon appeal, denied her social security benefits. Plaintiff

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now seeks judicial review of that decision.

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DISCUSSION

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I.

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Plaintiff filed this instant action and attached a financial affidavit to her application and

Application to Proceed In Forma Pauperis

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complaint as required by 28 U.S.C. § 1915(a). Having reviewed Plaintiff’s financial affidavit

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

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

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...

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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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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). When a court dismisses a

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

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directions as to curing its deficiencies, unless it is clear from the face of the complaint that the

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deficiencies could not be cured by amendment. See Cato v. United States, 70 F.3d 1103, 1106 (9th

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Cir. 1995).

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To satisfy the screening requirements with respect to social security appeals, a plaintiff must

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set forth the following: (1) the plaintiff must establish that she has exhausted her administrative

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remedies pursuant to 42 U.S.C. § 405(g), and that the civil action was commenced within sixty

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days after notice of a final decision; (2) the complaint must indicate the judicial district in which

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the plaintiff resides; (3) the complaint must state the nature of the plaintiff's disability and when the

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plaintiff claims she became disabled; and (4) the complaint must contain a plain, short, and concise

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statement identifying the nature of the plaintiff's disagreement with the determination made by the

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Social Security Administration and show that the plaintiff is entitled to relief. Montoya v. Colvin,

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2016 WL 890922, at *2 (D. Nev. Mar. 8, 2016) (citing Soete v. Colvin, 2013 WL 5947231, *2 (D.

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Nev. Nov. 4, 2013); Pitcher v. Astrue, 2012 WL 3780354, *1 (D. Nev. Aug. 30, 2012)).

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Plaintiff’s complaint is insufficient. Plaintiff does not allege that she exhausted her

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administrative remedies, timely commenced this case, or that she resides in this judicial district.

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Although Plaintiff discusses some of her medical conditions, she does not state the nature of her

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disability clearly or when it commenced. Further, Plaintiff does not provide any allegations as to

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why the Social Security Administration’s determination denying her benefits is wrong. The
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plaintiff must provide a statement identifying the basis of the plaintiff's disagreement with the

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Social Security Administration's determination and must make a showing that the plaintiff is

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entitled to relief. Accordingly,

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

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(ECF No. 1) is granted. Plaintiff shall not be required to pre-pay the full filing fee of four hundred

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dollars ($400.00).

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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

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leave to amend. Plaintiff shall have until December 29, 2017 to file an amended complaint

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correcting the noted deficiencies.

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DATED this 21st day of November, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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