Rivera v. Carloyn Colvin, Commissioner, Social Security Administration
Filing
6
MEMORANDUM OPINION & ORDER: The Court has serious concerns about whether plaintiff's Complaint meets the pleading requirements of Fed. R. Civ. P. 8(a)(2) as set forth in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iq bal, 556 U.S. 662 (2009). Rule 8(a) requires that pleadings contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a). In the instant Complaint, plaintiff recites the procedur al posture of her case and states that administrative law judge's decision "was erroneous, not supported by substantial evidence on the record and/or contrary to the law." (Compl. at 8.) The Court cautions plaintiff that she must do more than merely demonstrating that she has met the jurisdictional requirements set forth in 23 U.S.C. § 405(g). "While Twombly does not require heightened fact pleading of specifics, it does require enough facts to "nudge plainti ffs' claims across the line from conceivable to plausible." In re Elevator Antitrust Litig., 502 F.3d 47, 50 (2d Cir. 2007) (alternations omitted). If plaintiff wishes to amend her complaint, she may do so according to Rule 15 of th e federal Rules of Civil Procedure. The Clerk of Court is also directed to amend the caption of the complaint to list "Carolyn Colvin, Commissioner, Social Security Administration" as the defendant to this action. (Signed by Judge Katherine B. Forrest on 10/19/2015) (mro)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
JANETTE RIVERA,
:
:
Plaintiff,
:
:
-v:
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COMMISSIONER OF SOCIAL SECURITY,
:
:
Defendants.
:
:
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: October 19, 2015
15-cv-7689 (KBF)
MEMORANDUM
OPINION & ORDER
KATHERINE B. FORREST, District Judge:
The Court has serious concerns about whether plaintiff’s Complaint meets
the pleading requirements of Fed. R. Civ. P. 8(a)(2) as set forth in Bell Atlantic
Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009).
Rule 8(a) requires that pleadings contain “a short and plain statement of the claim
showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a). In the instant
Complaint, plaintiff recites the procedural posture of her case and states that
administrative law judge’s decision “was erroneous, not supported by substantial
evidence on the record and/or contrary to the law.” (Compl. at ¶ 8.) The Court
cautions plaintiff that she must do more than merely demonstrating that she has
met the jurisdictional requirements set forth in 23 U.S.C. § 405(g). “While Twombly
does not require heightened fact pleading of specifics, it does require enough facts to
“nudge plaintiffs’ claims across the line from conceivable to plausible.” In re
Elevator Antitrust Litig., 502 F.3d 47, 50 (2d Cir. 2007) (alternations omitted).
If plaintiff wishes to amend her complaint, she may do so according to Rule
15 of the federal Rules of Civil Procedure.
The Clerk of Court is also directed to amend the caption of the complaint to
list “Carolyn Colvin, Commissioner, Social Security Administration” as the
defendant to this action.
SO ORDERED.
Dated:
New York, New York
October 19, 2015
______________________________________
KATHERINE B. FORREST
United States District Judge
2
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