Brown v. Commissioner of Social Security

Filing 8

ORDER. IT IS ORDERED that the Plaintiff's 1 request to proceed in forma pauperis is GRANTED with the caveat that the fees must be paid if recovery is made. IT IS FURTHER ORDERED that the Clerk's Office is INSTRUCTED to file th e complaint. IT IS FURTHER ORDERED that the Plaintiff's complaint is DISMISSED with leave to amend. The Plaintiff will have until April 4, 2025, to file an amended complaint, if Plaintiff believes the noted deficiencies can be corrected. Failure to comply with this order may result in dismissal. Signed by Magistrate Judge Nancy J. Koppe on 3/5/2025. (Copies have been distributed pursuant to the NEF - AMMi)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7

ZENIA BROWN,

8

Plaintiff,

Case No. 2:25-cv-00383-JCM-NJK
Order

9

v.

10

LELAND DUDEK,

11

Defendant.

12

Plaintiff requests authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis,

13 Docket No. 1, and has submitted a complaint, Docket No. 2.
14
15

I.

Application to Proceed In Forma Pauperis

Plaintiff filed an application to proceed in forma pauperis. Docket No. 1. The application

16 has sufficiently shown an inability to prepay fees and costs or give security for them. Accordingly,
17 the application to proceed in forma pauperis will be granted pursuant to § 1915.
18

II.

Screening the Complaint

19

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

20 the complaint. See 28 U.S.C. § 1915(e). A central function of this screening process is to
21 “discourage the filing of, and waste of judicial and private resources upon, baseless lawsuits that
22 paying litigants generally do not initiate because of the cost of bringing suit.” Neitzke v. Williams,
23 490 U.S. 319, 327 (1989).
24

With respect to social security appeals specifically, judges in this District have outlined

25 some basic requirements for complaints to satisfy the Court’s screening. First, the complaint must
26 establish that administrative remedies were exhausted pursuant to 42 U.S.C. § 405(g), and that the
27 civil action was commenced within 60 days after notice of a final decision. Second, the complaint
28 must indicate the judicial district in which the plaintiff resides. Third, the complaint must state the
1

1 nature of the plaintiff’s disability and when the plaintiff claims to have become disabled. Fourth,
2 the complaint must identify the nature of the plaintiff’s disagreement with the determination made
3 by the Social Security Administration and show that the plaintiff is entitled to relief. See, e.g.,
4 Graves v. Colvin, 2015 WL 357121, *2 (D. Nev. Jan. 26, 2015) (collecting cases). 1
5

Applying these standards in this case, Plaintiff’s complaint is insufficient. Plaintiff alleges

6 that she exhausted her administrative remedies, she timely commenced this case, 2 she resides in
7 this judicial district, and states the nature of her disability and when it commenced. Docket No. 2
8 at 2. However, Plaintiff’s complaint has not stated a colorable claim for relief. Plaintiff merely
9 alleges that “she is entitled to the benefits for which she applied because she meets all of the
10 requirements as to disability set out in the Social Security Act.” Docket No. 2 at 2. Plaintiff must
11 provide a statement identifying the basis of her disagreement with the Social Security
12 Administration’s determination and must make a showing that she is entitled to relief. While this
13 showing need not be made in great detail, it must be presented in sufficient detail for the Court to
14 understand the legal and/or factual issues in dispute so that it can meaningfully screen the
15 complaint. See Macbrair v. Colvin, 2016 WL 2930705, at *2 (D. Nev. May 18, 2016).
16

III.

Conclusion

17

Accordingly, the Court hereby ORDERS as follows:

18

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

19

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

20

the filing fee.

21
22
23

1

26

2

New rules govern social security cases, which provide in pertinent part that the plaintiff
“may” provide a short and plain statement of the grounds for relief. Supp. R. Soc. Sec. 2(b)(2).
24 In the context of an in forma pauperis screening, however, a social security plaintiff must still
provide a sufficient explanation as to her contentions on appeal. Jalal H. v. Comm’r of Soc. Sec.,
25 2023 WL 35218, at *2 (S.D. Cal. Jan. 4, 2023).
The complaint does not allege the date on which a final decision was rendered to deny
social security benefits. Instead, Plaintiff submits that the Administrative Law Judge’s decision
27 was issued on November 27, 2024, and became final 61 days after. Id. It would seem that the
civil action was commenced within 60 days after notice of a final decision, but it is not clear if one
28 was made.
2

1

2. Plaintiff is permitted to maintain this action to conclusion without the necessity of

2

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

3

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

4

subpoenas at government expense.

5

3. The Clerk’s Office is INSTRUCTED to file the complaint.

6

4. Plaintiff’s complaint is DISMISSED with leave to amend. Plaintiff will have until

7

April 4, 2025, to file an amended complaint, if Plaintiff believes the noted deficiencies

8

can be corrected. If Plaintiff chooses to amend the complaint, Plaintiff is informed that

9

the Court cannot refer to a prior pleading (i.e., the original Complaint) in order to make

10

the Amended Complaint complete. This is because, as a general rule, an Amended

11

Complaint supersedes the original Complaint. Local Rule 15-1(a) requires that an

12

Amended Complaint be complete in itself without reference to any prior pleading.

13

Once a plaintiff files an Amended Complaint, the original Complaint no longer serves

14

any function in the case. Therefore, in an Amended Complaint, as in an original

15

Complaint, each claim and the involvement of each Defendant must be sufficiently

16

alleged.

17

Failure to comply with this order may result in dismissal.

18

IT IS SO ORDERED.

19

Dated: March 5, 2025
______________________________
Nancy J. Koppe
United States Magistrate Judge

20
21
22
23
24
25
26
27
28
3