Fisher

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARY J. F., Case No.: 20CV0162-KSC Plaintiff,

ORDER DISMISSING COMPLAINT

v. WITH LEAVE TO AMEND ANDREW H. SAUL, Commissioner of Social Security, 15 Defendant. 16 17 Since this case was filed without prepayment of the filing fee, it is subject to 28 18 U.S.C. § 1915(e)(2), which obligates the Court to dismiss the case if the Court determines 19 that the action is frivolous or malicious, or fails to state a claim on which relief may be 20 granted, or seeks monetary relief against a defendant who is immune from such relief. 21 Plaintiff’s Complaint seeks to have her Extra Help benefit reinstated by the Social 22 Security Administration. (Doc. No. 1, p. 4.) The Complaint does not allege a basis for 23 subject matter jurisdiction, although this pleading deficiency is easily curable. (Id., p. 3.) 24 In Weinberger v. Salfi, 422 U.S. 749, 760-61, 95 S. Ct. 2457, 45 L. Ed. 2d 522 25 (1975), the Supreme Court construed 42 U.S.C. § 405(h) as encompassing any claim in 26…