(SS) (PS) Peden v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WESLEY ELVIS PEDEN, No. 2:22-cv-01415-EFB (SS) Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant.
17 Plaintiff, proceeding without counsel,1 seeks reimbursement of Social Security benefits 18 for a five-year period during which his benefits were suspended. ECF No. 1. In addition to filing 19 a complaint, he has filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 20 1915. ECF No. 2. Defendant has filed a motion to dismiss, which is fully briefed. ECF Nos. 11, 21 14 & 15. For the reasons set forth below, the motion to dismiss must be granted. 22 Application to Proceed In Forma Pauperis 23 Plaintiff requests leave to proceed in forma pauperis (“IFP”). ECF No. 2. See 28 U.S.C. § 24 1915 (authorizing the commencement of an action “without prepayment of fees or security” by a 25 ///// 26 27 1 Actions where a party proceeds without counsel are referred to a magistrate judge 28 …