Smith v. Commissioner of Social Security
ORDER that 4 Motion/Application for Leave to Proceed in forma pauperis is GRANTED with the caveat that the fees shall be paid if recovery is made. The Clerk of Court shall file the Complaint, serve the Commissioner of the Social Security Administ ration via certified mail, and issue summons to the United States Attorney for the District of Nevada and deliver the summons and Complaint to the U.S. Marshal for service. Signed by Magistrate Judge Nancy J. Koppe on 4/12/2018. (Copies have been distributed pursuant to the NEF - MMM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No.: 2:18-cv-00566-APG-NJK
NANCY A. BERRYHILL,
[Docket No. 4]
Plaintiff has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis
17 (Docket No. 4), and has submitted a Complaint (Docket No. 1-1).
Application to Proceed In Forma Pauperis
The Court previously denied without prejudice Plaintiff’s application to proceed in forma
20 pauperis as incomplete. Docket No. 3. Plaintiff filed an amended application. Docket No. 4. The
21 amended application has sufficiently shown an inability to prepay fees and costs or give security
22 for them. Accordingly, the amended application to proceed in forma pauperis will be granted
23 pursuant to § 1915. The Court will now review Plaintiff’s complaint.
Screening the Complaint
When a party seeks permission to pursue a civil case in forma pauperis, courts will screen
26 the complaint. See 28 U.S.C. § 1915(e). With respect to social security appeals specifically, judges
27 in this District have outlined some basic requirements for complaints to satisfy the Court’s
28 screening. First, the complaint must establish that administrative remedies were exhausted
1 pursuant to 42 U.S.C. § 405(g), and that the civil action was commenced within 60 days after
2 notice of a final decision. Second, the complaint must indicate the judicial district in which the
3 plaintiff resides. Third, the complaint must state the nature of the plaintiff’s disability and when
4 the plaintiff claims to have become disabled. Fourth, the complaint must contain a plain, short,
5 and concise statement identifying the nature of the plaintiff’s disagreement with the determination
6 made by the Social Security Administration and show that the plaintiff is entitled to relief. See,
7 e.g., Graves v. Colvin, 2015 WL 357121, *2 (D. Nev. Jan. 26, 2015) (collecting cases).
The Court has reviewed Plaintiff’s complaint, and finds these elements have been pled
Accordingly, the Court hereby ORDERS as follows:
1. Plaintiff’s request to proceed in forma pauperis is GRANTED with the caveat that the
fees shall be paid if recovery is made. At this time, Plaintiff shall not be required to
pre-pay the filing fee.
2. Plaintiff is permitted to maintain this action to conclusion without the necessity of
prepayment of any additional fees or costs or the giving of a security therefor. The
Order granting leave to proceed in forma pauperis shall not extend to the issuance of
subpoenas at government expense.
3. The Clerk of Court shall file the Complaint.
4. The Clerk of Court shall serve the Commissioner of the Social Security Administration
by sending a copy of the summons and Complaint by certified mail to: (1) Office of
Regional Chief Counsel, Region IX, Social Security Administration, 160 Spear St.,
Suite 899, San Francisco, California 94105-1545; and (2) the Attorney General of the
United States, Department of Justice, 950 Pennsylvania Avenue, N.W., Room 4400,
Washington, D.C. 20530.
5. The Clerk of Court shall issue summons to the United States Attorney for the District
of Nevada and deliver the summons and Complaint to the U.S. Marshal for service.
6. From this point forward, Plaintiff shall serve upon Defendant or, if appearance has been
entered by counsel, upon the attorney, a copy of every pleading, motion or other
document submitted for consideration by the court. Plaintiff shall include with the
original paper submitted for filing a certificate stating the date that a true and correct
copy of the document was personally served or sent by mail to the defendants or
counsel for the defendants. The court may disregard any paper received by a district
judge or magistrate judge which has not been filed with the Clerk, and any paper
received by a district judge, magistrate judge or the Clerk which fails to include a
certificate of service.
IT IS SO ORDERED.
Dated: April 12, 2018
Nancy J. Koppe
United States Magistrate Judge
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