Madden v. Social Security Administration

Filing 5

ORDER. IT IS ORDERED that 1 Plaintiff's request to proceed in forma pauperis is GRANTED with the caveat that the feesshall be paid if recovery is made. The Clerk of Court shall file 1 -1, 3 , 4 . the Complaint. IT IS FURTHER ORDERED tha t the Complaint is DISMISSED, with leave to amend. Plaintiff will have until 3/26/18, to file an Amended Complaint, if Plaintiff believes he can correct the noted deficiencies. Signed by Magistrate Judge Nancy J. Koppe on 2/23/2018. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
MARCUS A. MADDEN,
10
11
12
13
14

)
)
Plaintiff,
)
)
vs.
)
)
SOCIAL SECURITY ADMINISTRATION,
)
)
Defendant.
)
__________________________________________)

Case No. 2:18-cv-00122-GMN-NJK
ORDER

15

Plaintiff Marcus A. Madden has requested authority pursuant to 28 U.S.C. § 1915 to proceed in

16

forma pauperis, (Docket No. 1), and submitted a complaint (Docket No. 1-1), an amended complaint

17

(Docket No. 3), and an exhibit to his amended complaint (Docket No. 4).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

....

23

....

24
25
26
27
28

1

It is unclear to the Court whether Plaintiff intended the document that is docketed as an amended
complaint to serve as an amended complaint that supersedes his original complaint. In cases such as this,
in which the plaintiff is proceeding pro se, the Court liberally construes his pleadings. Hebbe v. Pliler, 627
F.3d 338, 342 & n.7 (9th Cir. 2010) (finding that liberal construction of pro se pleadings is required after
Twombly and Iqbal). Accordingly, for the purpose of this order, the Court construes the documents at
Docket Nos. 1-1, 3, and 4 collectively as Plaintiff’s complaint.

1

II.

Screening the Complaint

2

When a party seeks permission to pursue a civil case in forma papueris, courts will screen the

3

complaint pursuant to federal statute. See 28 U.S.C. § 1915(e). With respect to social security appeals

4

specifically, the undersigned and several other judges in this District have outlined some of the basic

5

requirements for complaints to satisfy the Court’s screening. First, the plaintiff must establish that

6

administrative remedies were exhausted pursuant to 42 U.S.C. § 405(g), and that the civil action was

7

commenced within sixty days after notice of a final decision. Second, the complaint must indicate the

8

judicial district in which the plaintiff resides. Third, the complaint must state the nature of the plaintiff’s

9

disability and when the plaintiff claims to have become disabled. Fourth, the complaint must contain a

10

plain, short, and concise statement identifying the nature of the plaintiff’s disagreement with the

11

determination made by the Social Security Administration and show that the plaintiff is entitled to relief.

12

See, e.g., Graves v. Colvin, 2015 WL 357121, *2 (D. Nev. Jan. 26, 2015) (collecting cases).

13
14

Applying these standards in this case, Plaintiff’s complaint is plainly insufficient. As such,
Plaintiff’s complaint has failed to state a claim for relief.

15

Based on the foregoing, IT IS ORDERED that:

16

1.

Plaintiff’s request to proceed in forma pauperis is GRANTED with the caveat that the fees

17

shall be paid if recovery is made. At this time, Plaintiff shall not be required to pre-pay the

18

filing fee of four hundred dollars ($400.00).

19

2.

Plaintiff is permitted to maintain the action to conclusion without the necessity of

20

prepayment of any additional fees or costs or the giving of a security therefor. The Order

21

granting leave to proceed in forma pauperis shall not extend to the issuance of subpoenas

22

at government expense.

23

3.

The Clerk of Court shall file the Complaint (Docket Nos. 1-1, 3, 4).

24

4.

The Complaint is DISMISSED, with leave to amend. Plaintiff will have until March 26,

25

2018, to file an Amended Complaint, if Plaintiff believes he can correct the noted

26

deficiencies. If Plaintiff chooses to amend the complaint, Plaintiff is informed that the

27

Court cannot refer to a prior pleading (i.e., any of the prior documents Plaintiff has filed in

28

this case) in order to make the Amended Complaint complete. This is because, as a general
2

1

rule, an Amended Complaint supersedes the original Complaint. See Loux v. Rhay, 375

2

F.2d 55, 57 (9th Cir. 1967). Local Rule 15-1 requires that an Amended Complaint be

3

complete in itself without reference to any prior pleading. Once a plaintiff files an

4

Amended Complaint, the original Complaint no longer serves any function in the case.

5

Therefore, in an Amended Complaint, as in an original Complaint, each claim and the

6

involvement of each defendant must be sufficiently alleged. Failure to comply with this

7

Order will result in the recommended dismissal of this case, without prejudice.

8

Dated: February 23, 2018.

9
10

________________________________________
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3