Opinion

(SS) Sales v. Commissioner of Social Security

Court
District Court, E.D. California
Filed
Jul 15, 2025
Cited by
0 cases
Authority
More cited than 37.9%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 JESUS SALES, Case No. 1:25-cv-00847-CDB (SS)

12 Plaintiff, ORDER GRANTING APPLICATION TO

PROCEED IN FORMA PAUPERIS AND

13 v. DIRECTING CLERK OF THE COURT TO

ISSUE SUMMONS, SCHEDULING ORDER,

14 COMMISSIONER OF SOCIAL AND CONSENT OR REQUEST FOR

SECURITY, REASSIGNMENT DOCUMENTS

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Defendant. (Doc. 2)

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18 Plaintiff Jesus Sales (“Plaintiff”) initiated this action with the filing of a complaint on July

19 11, 2025, seeking review of the final decision of the Commissioner of Social Security denying

20 disability insurance and benefits. (Doc. 1). Plaintiff did not pay the filing fee and instead filed an

21 application to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. (Doc. 2). For the

22 following reasons, the Court finds issuance of the new case documents and Plaintiff’s application

23 to proceed in forma pauperis appropriate.

24 I. Proceeding In Forma Pauperis

25 The Court may authorize the commencement of an action without prepayment of fees “by

26 a person who submits an affidavit that includes a statement of all assets such [person] possesses

27 [and] that the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a).

Here, the Court has reviewed Plaintiff’s application and financial status affidavit (Doc. 2) and finds

1 the requirements of 28 U.S.C. § 1915(a) are satisfied.

2 II. Screening Requirement

3 When a party seeks to proceed in forma pauperis, the Court is required to review the

4 complaint and shall dismiss the complaint, or portion thereof, if it is “frivolous, malicious or fails

5 to state a claim upon which relief may be granted; or … seeks monetary relief from a defendant

6 who is immune from such relief.” 28 U.S.C. §§ 1915(b) & (e)(2). A plaintiff’s claim is frivolous

7 “when the facts alleged rise to the level of the irrational or the wholly incredible, whether or not

8 there are judicially noticeable facts available to contradict them.” Denton v. Hernandez, 504 U.S.

9 25, 32-33 (1992).

10 III. Pleading Standards

11 A complaint must include a statement affirming the court’s jurisdiction, “a short and plain

12 statement of the claim showing the pleader is entitled to relief; and a demand for the relief sought,

13 which may include relief in the alternative or different types of relief.” Fed. R. Civ. P. 8(a). The

14 purpose of the complaint is to give the defendant fair notice of the claims, and the grounds upon

15 which the complaint stands. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002). As set forth

16 by the Supreme Court, Rule 8:

17 … does not require detailed factual allegations, but it demands more than an

unadorned, the-defendant-unlawfully-harmed-me accusation. A pleading that offers

18 labels and conclusions or a formulaic recitation of the elements of a cause of action

will not do. Nor does a complaint suffice if it tenders naked assertions devoid of

19 further factual enhancement.

20 Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009) (internal quotation marks and citations omitted).

21 Vague and conclusory allegations do not support a cause of action. Ivey v. Board of Regents, 673

22 F.2 266, 268 (9th Cir. 1982). The Iqbal Court clarified further,

23 [A] complaint must contain sufficient factual matter, accepted as true, to “state a

claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S.

24 544, 570 (2009). A claim has facial plausibility when the plaintiff pleads factual

content that allows the court to draw the reasonable inference that the defendant is

25 liable for the misconduct alleged. Id. at 556. The plausibility standard is not akin

to a “probability requirement,” but it asks for more than a sheer possibility that a

26 defendant has acted unlawfully. Id. Where a complaint pleads facts that are “merely

consistent with” a defendant’s liability, it “stops short of the line between possibility

27 a nd plausibility of “entitlement to relief.”

1 and determine whether the facts would make the plaintiff entitled to relief; legal conclusions are

2 not entitled to the same assumption of truth. Id. The Court may grant leave to amend a complaint

3 to the extent deficiencies of the complaint can be cured by an amendment. Lopez v. Smith, 203

4 F.3d 1122, 1127-28 (9th Cir. 2000) (en banc).

5 IV. Discussion and Analysis

6 Plaintiff seeks review of a decision by the Commissioner of Social Security denying

7 disability benefits. (Doc. 1). The Court may have jurisdiction pursuant to 42 U.S.C. § 405(g),

8 which provides:

9 Any individual after any final decision of the Commissioner made

after a hearing to which he was a party, irrespective of the amount

10 in controversy, may obtain a review of such decision by a civil

action commenced within sixty days after the mailing to him of such

11 decision or within such further time as the Commissioner may

allow. Such action shall be brought in the district court of the United

12 States for the judicial district in which the plaintiff resides or has his

principal place of business…The court shall have power to enter,

13 upon the pleadings and transcript of the record, a judgment

affirming, modifying, or reversing the decision of the Commissioner

14 of Social Security, with or without remanding the cause for a

rehearing.

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16 Id. Except as provided by statute, “[n]o findings of fact or decision of the Commissioner shall be

17 reviewed by any person, tribunal, or governmental agency.” 42 U.S.C. § 405(h).

18 On May 7, 2025, the Appeals Council denied Plaintiff’s request for review of the decision

19 of the Administrative Law Judge denying Plaintiff’s claim for benefits and income. (Doc. 1 ¶ 2).

20 On July 11, 2025, Plaintiff filed a complaint in this Court seeking judicial review of the

21 Commissioner’s final decision. See id. Thus, Plaintiff’s complaint is timely. Plaintiff claims

22 residency in Kings County, California. Id. ¶ 4. Therefore, the Court has jurisdiction over this

23 action.

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1} V. Conclusion and Order

2 Plaintiff's complaint states a cognizable claim for review of the administrative decision

3 | denying Social Security benefits and supplemental income. Accordingly, IT IS HEREBY

4 | ORDERED that Plaintiff's application to proceed in forma pauperis (Doc. 2) is GRANTED. The

5 | Clerk of Court is directed to issue the following: 1) a Summons; 2) the Scheduling Order; 3) the

6 | Order re Consent or Request for Reassignment; and 4) a Consent to Assignment or Request for

7 | Reassignment form.

8 | IT IS SO ORDERED.

| Dated: _ July 15, 2025 | hr

10 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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