Victor Arzate v. Nancy A. Berryhill
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION VICTOR ARZATE, ) Case No. 2:20-cv-01076-DOC (JDE) ) Plaintiff, ) ) ORDER TO SHOW CAUSE RE: v. ) DISMISSAL FOR FAILURE TO ) NANCY A. BERRYHILL, Acting ) STATE A CLAIM ) Commissioner of Social Security, ) 15 ) Defendant. ) 16 ) 17 On February 3, 2020, Plaintiff Victor Arzate, proceeding pro se, filed a Complaint seeking review of a decision of the Commissioner of Social Security and a Request to Proceed In Forma Pauperis (“IFP”). Dkt. 1, 3. In cases in which a plaintiff is proceeding IFP, the Court has an obligation to dismiss any such case “at any time if the court determines that . . . (B) the action . . . (ii) fails to state a claim upon which relief can be granted.” 28 U.S.C. § 1915(e)(2). “A district court may deny leave to proceed [IFP] at the outset if it appears from the face of the proposed complaint that the action is frivolous or without merit.” Minetti v. Port of Seattle, 152 F.3d…