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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 CURTIS EDWARD MERRIWEATHER, Case No. 1:23-cv-00501-CDB (SS)

12 Plaintiff, ORDER GRANTING APPLICATION TO

PROCEED IN FORMA PAUPERIS AND

13 v. DIRECTING CLERK OF COURT TO ISSUE

SUMMONS, SCHEDULING ORDER, AND

14 COMMISSIONER OF SOCIAL SECURITY, CONSENT OR REQUEST FOR

REASSIGNMENT DOCUMENTS

15 Defendant. (Doc. 4) 16

17 18 Plaintiff Curtis Edward Merriweather (“Plaintiff”) seeks judicial review of an 19 administrative decision of the Commissioner of Social Security denying Plaintiff’s claim for 20 disability benefits under the Social Security Act. (Doc. 1). Pending before the Court is 21 Plaintiff’s renewed application to proceed in forma pauperis. (Doc. 4). For the following 22 reasons, the Court finds issuance of the new case documents and Plaintiff’s application to 23 proceed in forma pauperis appropriate. 24 I. Proceeding in forma pauperis 25 The Court may authorize the commencement of an action without prepayment of fees “by 26 a person who submits an affidavit that includes a statement of all assts such person…possesses 27 (and) that the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a). 1 Here, the Court has reviewed the financial status affidavit (Doc. 4) and finds the requirements 2 of 28 U.S.C. § 1915(a) are satisfied. 3 II. Screening Requirement 4 When a party seeks to proceed in forma pauperis, the Court is required to review the 5 complaint and shall dismiss the complaint, or portion thereof, if it is “frivolous, malicious or 6 fails to state a claim upon which relief may be granted; or…seeks monetary relief from a 7 defendant who is immune from such relief.” 28 U.S.C. §§ 1915(b) & (e)(2). A plaintiff’s 8 claim is frivolous “when the facts alleged rise to the level of the irrational or the wholly 9 incredible, whether or not there are judicially noticeable facts available to contradict them.” 10 Denton v. Hernandez, 504 U.S. 25, 32-33 (1992). 11 III. Pleading Standards 12 A complaint must include a statement affirming the court’s jurisdiction, “a short and 13 plain statement of the claim showing the pleader is entitled to relief; and…a demand for the 14 relief sought, which may include relief in the alternative or different types of relief.” Fed. R. 15 Civ. P. 8(a). The purpose of the complaint is to give the defendant fair notice of the claims, 16 and the grounds upon which the complaint stands. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 17 512 (2002). As set forth by the Supreme Court, Rule 8:

18 … does not require detailed factual allegations, but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation. A pleading that 19 offers labels and conclusions or a formulaic recitation of the elements of a cause of action will not do. Nor does a complaint suffice if it tenders naked assertions 20 devoid of further factual enhancement. 21 Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009) (internal quotation marks and citations omitted). 22 Vague and conclusory allegations do not support a cause of action. Ivey v. Board of Regents, 23 673 F.2 266, 268 (9th Cir. 1982). The Iqbal Court clarified further,

24 [A] complaint must contain sufficient factual matter, accepted as true, to “state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 25 544, 570 (2009). A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is 26 liable for the misconduct alleged. Id. at 556. The plausibility standard is not akin to a “probability requirement,” but it asks for more than a sheer possibility that a 27 defendant has acted unlawfully. Id. Where a complaint pleads facts that are “merely consistent with” a defendant’s liability, it “stops short of the line between 1 2 Iqbal, 556 U.S. at 678. When factual allegations are well-pled, a court should assume their 3 truth and determine whether the facts would make the plaintiff entitled to relief; legal 4 conclusions are not entitled to the same assumption of truth. Id. The Court may grant leave to 5 amend a complaint to the extent deficiencies of the complaint can be cured by an amendment. 6 Lopez v. Smith, 203 F.3d 1122, 1127-28 (9th Cir. 2000) (en banc). 7 IV. Discussion and Analysis 8 The Court may have jurisdiction pursuant to 42 U.S.C. § 405(g), which provides:

9 Any individual after any final decision of the Commissioner made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a 10 review of such decision by a civil action commenced within sixty days after the mailing to him of such decision or within such further time as the Commissioner 11 may allow. Such action shall be brought in the district court of the United States for the judicial district in which the plaintiff resides or has his principal place of 12 business…The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the 13 Commissioner of Social Security, with or without remanding the cause for a rehearing. 14 15 Id. Except as provided by statute, “[n]o findings of fact or decision of the Commissioner shall 16 be reviewed by any person, tribunal, or governmental agency.” 42 U.S.C. § 405(h). 17 Plaintiff seeks to appeal the final administrative decision denying an application for 18 benefits. (Doc. 1). Plaintiff reports the Appeals Council issued a notice denying a request for 19 review of the decision on January 27, 2023. Id. at 1. Thus, Plaintiff’s complaint is timely. See 20 Williamson v. Saul, No. 2:18-cv-02304 KJM CKD, 2019 WL 5721660, at *2 (E.D. Cal. Nov. 5, 21 2019). Plaintiff states he resides in Tulare County. (Doc. 1 at 2). Therefore, the Court has 22 jurisdiction over this action. 23 24 25 Remainder of This Page Intentionally Left Blank

26 27 1} V. Conclusion and Order 2 Plaintiff's complaint states a cognizable claim for review of the administrative decision denying Social Security benefits. ACCORDINGLY, IT IS HEREBY ORDERED that 4]| Plaintiffs application to proceed in forma pauperis (Doc. 4) is GRANTED. The Clerk of Court 5 | is directed to issue the following: 1) a Summons; 2) the Scheduling Order; 3) the Order re 6 | Consent or Request for Reassignment; and 4) a Consent to Assignment or Request for Reassignment form. 8 | IT IS SO ORDERED. Dated: _ May 10, 2023 | Word 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28