Upton

Upton v. Commissioner of Social Security

Good Law
United States District Court, Southern District of CaliforniaFebruary 24, 20203:20-cv-00325California1,531 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STEWART TODD UPTON, Case No.: 20cv325-NLS

Plaintiff,

ORDER:

v. (1) DISMISSING COMPLAINT Commissioner of the Social Security WITH LEAVE TO AMEND; and Administration, 15 Defendant. (2) DENYING PLAINTIFF’S

MOTION FOR LEAVE TO

PROCEED IN FORMA PAUPERIS

18 [ECF No. 2]

21 Before the Court is Plaintiff Stewart Todd Upton’s complaint seeking judicial 22 review of the Social Security Administration’s decision and motion for leave to proceed 23 in forma pauperis (“IFP”). ECF Nos. 1-2. After due consideration and for the reasons 24 set forth below, the Court DISMISSES Plaintiff’s complaint with leave to amend and 25 DENIES the motion to proceed IFP.

I. Screening Under 28 U.S.C. § 1915(e)

27 A complaint filed pursuant to the IFP provisions of 28 U.S.C. § 1915(a) is subject 28 to a mandatory and sua sponte review by the Court. Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000). The Court must dismiss the complaint if it is frivolous or…

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