(SS)(PS) Weston v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROCHELLE WESTON, JORDAN No. 2:19-cv-262-MCE-EFB PS
SMITH,
12 Plaintiff, ORDER v.
SOCIAL SECURITY
ADMINISTRATION, et al., Defendants. 17 Plaintiff Rochell Weston seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. Her declaration makes the showing required by 28 U.S.C. §1915(a)(1) and (2). See ECF No. 2. Accordingly, the request to proceed in forma pauperis is granted. 28 U.S.C. § 1915(a). Determining that Ms. Weston may proceed in forma pauperis does not complete the required inquiry. Pursuant to § 1915(e)(2), the court must dismiss the case at any time if it determines the allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against an immune defendant. As discussed below, the complaint fails to state a claim and must therefore be dismissed. 27 This case, in which plaintiff is proceeding in propria…