(SS) Moles v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

WENDELL MIKE MOLES, ) Case No.: 1:20-cv-0906- JLT ) Plaintiff, ) ORDER DISMISSING THE FIRST AMENDED ) COMPLAINT WITH LEAVE TO AMEND v. )

ANDREW SAUL, ) Commissioner of Social Security, ) ) Defendant. )

Wendell Mike Moles seeks judicial review of the administrative decision denying an application for Social Security benefits. (Doc. 4) Because it appears Plaintiff’s request for review is untimely under 42 U.S.C. § 405(g), the First Amended Complaint is DISMISSED with leave to amend. I. Screening Requirement When an individual seeks to proceed in forma pauperis, the Court is required to review the complaint and shall dismiss a complaint, or portion of the complaint, if it is “frivolous or malicious,” “fails to state a claim upon which relief may be granted; or . . . seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2). A plaintiff’s claim is…