Nelson v. California Employment Development Department

INTRODUCTION

21 On December 29, 2021, Christopher T. Nelson (“Plaintiff”), proceeding pro se, filed 22 a complaint seeking damages against the California Employment Development 23 Department (“EDD”) and Rita Saenz in her official capacity as Director of the EDD 24 (“Saenz”), (collectively “Defendants”) for violation of the Social Security Act (“SSA”), 25 codified at U.S.C. § 503(a)(1), and the Due Process clause of the Fourteenth 26 Amendment. Plaintiff also filed a motion to proceed in forma pauperis (“IFP”), pursuant 27 to 28 U.S.C § 1915(a), in order to avoid the required civil filing fees, as required by 28 28 U.S.C. § 1914(a). After a careful review of the complaint and the motion, and for the reasons set forth below, the Court (1) GRANTS Plaintiff’s motion to proceed IFP, [Doc. No. 2], and (2) DISMISSES the Complaint as to Defendant EDD, with prejudice, and as to Defendant Saenz, without prejudice. DISCUSSION I. Plaintiff’s IFP Motion All parties initiating any civil action, suit or proceeding in a district court of the United States, except an application for writ of habeas corpus, must…