(SS) Aleatrice Thomas v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALEATRICE THOMAS, Case No. 1:20-cv-01723-SAB

Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DISMISSING

v. PLAINTIFF’S SOCIAL SECURITY

APPEAL AS UNTIMELY

COMMISSIONER OF SOCIAL SECURITY, (ECF No. 1) Defendant.

OBJECTIONS DUE WITHIN THIRTY

DAYS

15 Aleatrice Thomas (“Plaintiff”) proceeding pro se and in forma pauperis, filed this action seeking judicial review of the denial of disability benefits pursuant to the Social Security Act. Currently before the Court is Plaintiff’s complaint, filed on December 7, 2020. The matter was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. I. SCREENING STANDARD Notwithstanding any filing fee, the court shall dismiss a case if at any time the Court determines that the complaint “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary…