(SS) Caglia v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ANTHONY CAGLIA, ) Case No.: 1:19-cv-1376- JLT ) Plaintiff, ) ORDER DISMISSING THE FIRST ) AMENDED COMPLAINT WITH LEAVE v. ) TO AMEND ANDREW SAUL, ) Commissioner of Social Security, ) ) Defendant. )

Anthony Caglia seeks to proceed with an action for judicial review of the administrative decision denying an application for Social Security benefits. Because it is unclear whether Plaintiff has exhausted administrative remedies prior to filing this action, the first amended complaint is DISMISSED with leave to amend. I. Screening Requirement When an individual is proceeding in forma pauperis, the Court is required to review the complaint, and shall dismiss the case at any time if the Court determines that the allegation of poverty is untrue, or the action or appeal is “frivolous, malicious or fails to state a claim on which relief may be granted; or . . . seeks monetary relief against a…