Davis

Davis v. Saul

Good Law
United States District Court, Northern District of CaliforniaJanuary 13, 20213:20-cv-05805California686 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JIMMY LEE DAVIS, Case No. 20-cv-05805-JD

Plaintiff,

ORDER RE IFP APPLICATION AND

v. DISMISSING COMPLAINT

ANDREW M. SAUL, et al., Defendants.

12 Pro se plaintiff Jimmy Lee Davis has filed a complaint against Social Security Administration (SSA) Commissioner Andrew Saul, and an application to proceed in forma pauperis (IFP). Dkt. Nos. 1, 2. The IFP application is granted, and the case is dismissed. IFP requests are evaluated under 28 U.S.C. § 1915, and the first question is whether the plaintiff’s financial status excuses payment of the court’s filing fees. The answer here is yes. Davis states that he is unemployed and has a monthly income of only $1,000 in government benefits. Dkt. No. 2. Davis meets the financial qualifications for IFP status. The next question is whether the amended complaint is sufficient to stand, and the answer is no. The Court may “at any time” dismiss an IFP complaint that fails to state a claim…

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