1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MISTY D. SHOCKEY, Case No. 1:25-cv-00070-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

15 Defendant. (Doc. 4) 16 17 18 Plaintiff Misty D. Shockey (“Plaintiff”) initiated this action with the filing of a complaint 19 on January 15, 2025, seeking review of the final decision of the Commissioner of Social Security 20 denying disability benefits. (Doc. 1). Plaintiff did not pay the filing fee and instead filed an 21 application to proceed in forma pauperis (or “IFP”) pursuant to 28 U.S.C. § 1915. (Doc. 4). For 22 the following reasons, the Court finds issuance of the new case documents and Plaintiff’s 23 application 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. 4) 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 who 6 is immune from such relief.” 28 U.S.C. §§ 1915(b) & (e)(2). A plaintiff’s claim is frivolous “when 7 the facts alleged rise to the level of the irrational or the wholly incredible, whether or not there are 8 judicially noticeable facts available to contradict them.” Denton v. Hernandez, 504 U.S. 25, 32-33 9 (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 10 which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within sixty days after the mailing to 11 him of such decision or within such further time as the Commissioner may allow. Such action shall be brought in the district court of the United States for the judicial 12 district in which the plaintiff resides or has his principal place of business…The court shall have power to enter, upon the pleadings and transcript of the record, a 13 judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing. 14 15 (Id.). Except as provided by statute, “[n]o findings of fact or decision of the Commissioner shall 16 be reviewed by any person, tribunal, or governmental agency.” 42 U.S.C. § 405(h). 17 On November 14, 2024, the Appeals Council denied Plaintiff’s request for review of the 18 decision of the Administrative Law Judge denying Plaintiff’s claim for benefits. (Doc. 1 ¶ 8). As 19 such, Plaintiff has 60 days from November 14, 2024, to file a civil action, notwithstanding any 20 additional time due to mail service. (Id.) (“The Appeals Council denied the request for review in a 21 decision dated November 14, 2024 which was postmarked November 18, 2024.”); 42 U.S.C. § 22 405(g); 20 C.F.R. § 404.981. On January 15, 2025, Plaintiff filed a complaint in this Court seeking 23 judicial review of the Commissioner’s final decision. (See id.). Thus, Plaintiff’s complaint is 24 timely. Plaintiff claims residency in Kern County, California. (Id. ⁋ 4). Therefore, the Court has 25 jurisdiction over this action. 26 27 Remainder of This Page Intentionally Left Blank 1} V. Conclusion and Order 2 Plaintiff's complaint states a cognizable claim for review of the administrative decision 3 | denying Social Security benefits. ACCORDINGLY, IT IS HEREBY ORDERED that Plaintiffs 4 | application to proceed in forma pauperis (Doc. 4) is GRANTED. The Clerk of Court is directed to 5 | issue the following: 1) a Summons; 2) the Scheduling Order; 3) the Order re Consent or Request 6 | for Reassignment; and 4) a Consent to Assignment or Request for Reassignment form. 7 | IT IS SOORDERED. | Dated: _ January 16, 2025 | hr Rr 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28