Cohen v. Saul

Filing 4

ORDER. IT IS ORDERED that #1 Plaintiff's Application to Proceed In Forma Pauperis is GRANTED. See Order for Details. Signed by Magistrate Judge Cam Ferenbach on 1/7/2021. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:21-cv-00031-VCF Document 4 Filed 01/07/21 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ROBYN ALISE COHEN,

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Plaintiff,
vs.
ANDREW M. SAUL, Acting Commissioner of
Social Security,

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2:21-cv-00031-VCF
ORDER
[Motion/Application for Leave to Proceed in
forma pauperis (ECF No.1)]

Defendant.
Before the court is Plaintiff’s Robyn Alise Cohen’s Motion/Application to Proceed In Forma
Pauperis (ECF No. 1).

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I.

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Plaintiff asserts in her application to proceed in forma pauperis that she receives $190 monthly in

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food stamps. Id. She has no other source of income. Accordingly, Plaintiff’s request to proceed in forma

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pauperis is granted pursuant to § 1915(a).

In Forma Pauperis Application

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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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pursuant to § 1915(e). Specifically, federal courts are given the authority to dismiss a case if the action is

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legally “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks monetary

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relief from a defendant who is immune from such relief. § 1915(e)(2). “To survive a motion to dismiss,

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a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is

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Screening the Complaint

Case 2:21-cv-00031-VCF Document 4 Filed 01/07/21 Page 2 of 3

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plausible on its face.” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (internal quotations and citation

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omitted).

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In considering whether the plaintiff has stated a claim upon which relief can be granted, all material

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allegations in the complaint are accepted as true and are to be construed in the light most favorable to the

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plaintiff. Russell v. Landrieu, 621 F.2d 1037, 1039 (9th Cir. 1980). When a court dismisses a complaint

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

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its deficiencies, unless it is clear from the face of the complaint that the deficiencies could not be cured by

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amendment. See Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995) (citation omitted).

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A.

Plaintiff’s Complaint

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Plaintiff’s complaint arises from an unfavorable decision by the Commissioner of Social Security

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Administration (hereinafter “Commissioner”). (ECF NO. 1-1). Plaintiff asserts that she is “disabled as

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that term is defined in the Social Security Act.” Id. The Commissioner denied his application for lack of

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disability. Id. Plaintiff has appealed the decision of the Commissioner to this court, and requests that

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this court reverse that decision, or in the alternative, remand this matter for a new hearing... Id.

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Plaintiff may appeal to this court the Commissioner’s denial of his application for either Disability

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Insurance Benefits or Supplemental Security Income under Titles II and XVI of the Social Security Act,

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respectively. See 42 U.S.C. §§ 401-433, 1381-82c. This Court has jurisdiction over the matter. Id.

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Construing plaintiff’s allegations in light most favorable to plaintiff, the court finds that plaintiff has

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asserted a claim upon which relief can be granted. See Russell, 621 F.2d at 1039.

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Accordingly, and for good cause shown,

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IT IS ORDERED that Plaintiff’s Application to Proceed In Forma Pauperis (ECF No. 1) is

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GRANTED.

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Case 2:21-cv-00031-VCF Document 4 Filed 01/07/21 Page 3 of 3

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IT IS FURTHER ORDERED that the Plaintiff is permitted to maintain the action to conclusion

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without the necessity of prepayment of any additional fees, costs, or security. This order granting in forma

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pauperis status does not extend to the issuance of subpoenas at government expense.

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IT IS FURTHER ORDERED that the Clerk of the Court file the Complaint (ECF No. 1-1) and

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serve the Commissioner of the Social Security Administration by sending a copy of the summons and

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Complaint (ECF NO. 1-1) by certified mail to: (1) the Attorney General of the United States, Department

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of Justice, 950 Pennsylvania Avenue, N.W., Room 4400, Washington, D.C. 20530; and (3) Office of the

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Regional Chief Counsel, Region IX, Social Security Administration, 160 Spear St., Suite 899, San

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Francisco, CA 94105-1545.

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IT IS FURTHER ORDERED that the Clerk of Court issue summons to the United States Attorney

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for the District of Nevada and deliver the summons and Complaint (ECF NO. 1-1) to the U.S. Marshal for

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service.

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IT IS FURTHER ORDERED that from this point forward, Plaintiff must serve upon defendant, or

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his attorney if he has retained one, a copy of every pleading, motion, or other document submitted for

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consideration by the court. Plaintiff must include with the original paper submitted for filing a certificate

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stating the date that a true and correct copy of the document was mailed to the defendants or their counsel.

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The court may disregard any paper received by a district judge, magistrate judge, or the Clerk which fails

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to include a certificate of service.

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DATED this 7th day of January, 2021.
_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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