Genier v. Berryhill

Filing 7

ORDER. A second amended complaint shall be filed by 4/26/2018. Signed by Magistrate Judge Nancy J. Koppe on 4/12/2018. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 SALLY GENIER, 12 Plaintiff(s), 13 NANCY A. BERRYHILL, 15 Order v. 14 Case No.: 2:18-cv-00628-JAD-NJK Defendant(s). 16 [Docket No. 3] On April 10, 2018, the Court granted Plaintiff’s request to proceed in forma pauperis and 17 proceeded to screen her complaint pursuant to 28 U.S.C. § 1915(e). Docket No. 2. The Court 18 found the complaint insufficiently articulated the basis for Plaintiff’s disagreement with the Social 19 Security Administration’s determination and, thus, failed to show that Plaintiff is entitled to relief. 20 Id. at 4. In particular, the Court found that the “complaint indicates in conclusory fashion that the 21 Commissioner erred in finding that she is not disabled . . . [and] such a bald assertion fails.” Id. 22 Plaintiff has now filed an amended complaint. Docket No. 3. With respect to articulating 23 the basis for Plaintiff’s disagreement with the Social Security Administration’s determination, 24 however, the allegations appear to be unchanged from those already found to be deficient. 25 Compare Docket No. 3 at ⁋⁋ 8-9 with Docket No. 1-2 at ⁋⁋ 7-8. 1 For the reasons already 26 1 Without elaboration, Plaintiff indicates that she “disagrees with the determination made 27 by the Social Security Administration in its final agency decision, which failed to comply with the regulations in weighing the opinion evidence in this case, evaluating credibility, and supporting 28 the finding of non-disability with substantial evidence.” Docket No. 3 at ⁋ 9. 1 1 articulated, these assertions are insufficiently developed to survive screening. 2 The Court repeats 2 that, “[w]hile this showing need not be made in great detail, it must be presented in sufficient detail 3 for the Court to understand the legal and/or factual issues in dispute so that it can meaningfully 4 screen the complaint pursuant to § 1915(e). Cf. Hoagland, 2012 WL 2521753, at *4 (the complaint 5 should avoid the advocacy and argumentation of the opening brief to be submitted later, but must 6 specifically set forth the facts showing an entitlement to relief).” Docket No. 2 at 4. 7 The Court will allow a final opportunity for Plaintiff to amend her complaint in this case 8 to provide sufficient detail as to the basis for disagreement with the Social Security 9 Administration’s determination. Plaintiff must provide more detail than has been provided as to 10 why she believes she is entitled to relief. A second amended complaint shall be filed by April 26, 11 2018. 12 IT IS SO ORDERED. 13 Dated: April 12, 2018 ______________________________ Nancy J. Koppe United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 2 Compounding these problems, Plaintiff appears to not have a firm grasp on the disabilities 26 she is claiming. The amended complaint indicates that her “present contentions” are that she is disabled as a result of neuropathy and scoliosis, but that her contention as to the nature of her 27 disability is subject to change as this appeal proceeds. See Docket No. 3 ⁋ 8. Having exhausted her administrative remedies and filed an appeal therefrom, Plaintiff should already know what 28 disabilities she is claiming. See, e.g., Fed. R. Civ. P. 11. 2

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