Opinion

Williams v. Kijakazi

Court
District Court, S.D. California
Filed
Jan 20, 2021
Cited by
0 cases
Authority
More cited than 19.1%

The opinion

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8 UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA

10 PAULA W., Case No.: 21-cv-0103-AGS

11 Plaintiff, ORDER GRANTING PLAINTIFF’S

MOTION TO PROCEED IN FORMA

12 v.

PAUPERIS (ECF 2) AND

13 Andrew M. SAUL, DISMISSING THE COMPLAINT

WITHOUT PREJUDICE FOR

14 Defendant.

FAILURE TO STATE A CLAIM

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16 Plaintiff moves to proceed in forma pauperis (IFP). Plaintiff qualifies to proceed

17 without paying the filing fee, but an initial review of the complaint shows it fails to state a

18 claim for relief. So, the Court grants plaintiff’s IFP motion but dismisses the complaint

19 with leave to amend.

20 Motion to Proceed In Forma Pauperis

21 Typically, parties instituting a civil action in a United States district court must pay

22 a $402 filing fee. See 28 U.S.C. §§ 1914(a); 1915. But if granted the right to proceed IFP,

23 a plaintiff can proceed without paying the fee. Rodriguez v. Cook, 169 F.3d 1176, 1177

24 (9th Cir. 1999).

25 Plaintiff lists monthly household living expenses as $1,587.00 and household

26 income as $780. (ECF 2 at 2, 5.) Plaintiff is not currently employed, although she worked

27 for Uber and Lyft for a period in the first half of 2020 for approximately $100/month each.

28 (Id. at 1-2.) Plaintiff has $75 cash on hand and receives assistance from an adult daughter

1 to meet her expenses. (Id. at 2-3.) Plaintiff owns no assets. (Id. at 3.) So, the Court finds

2 that plaintiff’s negative income and cash history sufficiently shows an inability to pay the

3 initial $402 fee.

4 28 U.S.C. § 1915(e) Screening

5 When reviewing an IFP motion, the court must screen the complaint and dismiss it

6 if it is frivolous, malicious, fails to state a claim, or seeks monetary relief from a defendant

7 immune from such relief. 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 203 F.3d 1122, 1127

8 (9th Cir. 2000). In the Social Security context, a plaintiff’s complaint must set forth

9 sufficient facts to support the legal conclusion that the Commissioner’s decision was

10 incorrect. “[T]o survive the Court’s § 1915(e) screening,” a plaintiff must (1) “establish

11 that she has exhausted her administrative remedies pursuant to 42 U.S.C. § 405(g), and that

12 the civil action was commenced within sixty days after notice of a final decision,”

13 (2) “indicate the judicial district in which the plaintiff resides,” (3) “state the nature of

14 plaintiff’s disability and when the plaintiff claims she became disabled,” and (4) “identify[]

15 the nature of the plaintiff’s disagreement with the determination made by the Social

16 Security Administration and show that plaintiff is entitled to relief.” Varao v. Berryhill,

17 No. 17-cv-02463-LAB-JLB, 2018 WL 4373697, at *2 (S.D. Cal. Jan. 31, 2018) (alteration

18 and citation omitted).

19 Plaintiff’s complaint fails to state a claim. Plaintiff recounts the procedural history

20 before the Social Security Administration, which appears to have exhausted the available

21 administrative remedies. (ECF 1, at 2.) She also resides in this district, and she identifies

22 the nature of her disagreement with the Administration’s ruling. (Id. at 1-3.) But, despite

23 identifying those disagreements, she does not identify the nature of her disability or when

24 she became disabled. (Id. at 2-3.) Although surviving § 1915(e) is a “low threshold,”

25 plaintiff’s complaint does not have the requisite factual detail. Wilhelm v. Rotman, 680

26 F.3d 1113, 1123 (9th Cir. 2012).

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1 Conclusion

2 For the reasons set forth above, the Court grants plaintiff IFP status and waives the

3 filing fee. But the complaint is dismissed without prejudice. The Clerk is directed to

4 administratively close this case. Plaintiff may automatically reopen the case by filing an

5 amended complaint by February 8, 2021, addressing the concerns outlined in this order.

6 Dated: January 20, 2021

g Hon. ndrew G. Schopler

United States Magistrate Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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