1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 MARIA H., Case No.: 23cv2087-MMP
10 Plaintiff, ORDER: 11 v. 1) GRANTING PLAINTIFF’S 12 COMMISSIONER OF THE SOCIAL MOTION FOR LEAVE TO SECURITY ADMINISTRATION, 13 PROCEED IN FORMA
PAUPERIS; 14 Defendant.
15 2) DISMISSING PLAINTIFF’S COMPLAINT WITH LEAVE 16 TO AMEND 17 [ECF No. 2] 18 19 20 On November 10, 2023, Maria H. (“Plaintiff”) filed this Social Security appeal 21 pursuant to 42 U.S.C. § 405(g) of the Social Security Act, seeking judicial review of the 22 administrative decision of the Commissioner of the Social Security Administration 23 (“Defendant”), which denied Plaintiff’s application for social security disability insurance 24 (SSDI) and supplemental security income (SSI) benefits. [ECF No. 1.] That same day, 25 Plaintiff filed a Motion for Leave to Proceed In Forma Pauperis (“IFP”). [ECF No. 2.] 26 I. MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 27 All parties instituting any civil action, suit, or proceeding in a district court of the 28 United States, except an application for writ of habeas corpus, must pay a filing fee of 1 $402. See 28 U.S.C. § 1914(a). An action may proceed despite the plaintiff’s failure to 2 prepay the filing fee only if the plaintiff is granted leave to proceed IFP pursuant to 28 3 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 4 The determination of indigency falls within the district court’s discretion. California 5 Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991), reversed on other grounds 6 by, 506 U.S. 194 (1993) (“Section 1915 typically requires the reviewing court to exercise 7 its sound discretion in determining whether the affiant has satisfied the statute’s 8 requirement of indigency.”). A party need not be completely destitute to proceed IFP. 9 Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339–40 (1948). To satisfy the 10 requirements of 28 U.S.C. § 1915(a), “an affidavit [of poverty] is sufficient which states 11 that one cannot because of his poverty pay or give security for costs . . . and still be able to 12 provide for himself and dependents with the necessities of life.” Id. at 339 (internal 13 quotation marks omitted). At the same time, “the same even-handed care must be employed 14 to assure that federal funds are not squandered to underwrite, at public expense, either 15 frivolous claims or the remonstrances of a suitor who is financially able, in whole or in 16 material part, to pull his own oar.” Temple v. Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 17 1984). The facts as to the affiant’s poverty must be stated “with some particularity, 18 definiteness, and certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981). 19 Plaintiff has satisfied her burden of demonstrating that she is entitled to IFP status. 20 In her affidavit in support of her IFP motion, Plaintiff attests that her average monthly 21 income is $608.00 for early retirement and $291.00 in food stamps. [ECF No. 2 at 2–3.] 22 Plaintiff further attests that, as of the date of her affidavit, she had $40.00 in a checking 23 account and her total monthly expenses are approximately $556.00. [Id. at 3–6.] Finally, 24 25 26 1 In addition to the $350.00 statutory fee, civil litigants must pay an additional 27 administrative fee of $52.00. See 28 U.S.C. § 1914(b) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (eff. Dec. 1, 2020)). The additional $52.00 28 1 Plaintiff attests that she does not anticipate major changes to her monthly income during 2 the next twelve months. [Id. at 5.] The Court finds Plaintiff has sufficiently shown an 3 inability to pay the initial filing fee without impairing her ability to pay for life’s 4 necessities. Thus, the Court GRANTS Plaintiff’s motion for leave to proceed IFP. 5 II. SUA SPONTE SCREENING UNDER 28 U.S.C. § 1915(e)(2) AND § 1915(a) 6 Complaints filed by any person proceeding IFP pursuant to 28 U.S.C. § 1915(a) are 7 subject to a mandatory sua sponte screening by the Court. Lopez v. Smith, 203 F.3d 1122, 8 1127 (9th Cir. 2000); Norris v. Kijakazi, No. 23CV432-BLM, 2023 WL 2518870, at *2 9 (S.D. Cal. Mar. 13, 2023). A complaint should be dismissed sua sponte if it is (1) “frivolous 10 or malicious;” (2) “fails to state a claim on which relief may be granted;” or (3) “seeks 11 monetary relief against a defendant who is immune from such relief.” See 28 U.S.C. § 12 1915(e)(2); Lopez, 203 F.3d at 1126. Complaints in social security cases are not exempt 13 from this screening requirement. See Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) 14 (“[T]he provisions of 28 U.S.C. § 1915(e)(2)(B) are not limited to prisoners.”); Giselle N. 15 v. Kijakazi, No. 23-CV-04293-PHK, 2023 WL 6307947, at *1 (N.D. Cal. Sept. 26, 2023). 16 Effective December 1, 2022, the Federal Rules of Civil Procedure were amended to 17 include the Supplemental Rules for Social Security Actions Under 42 U.S.C. § 405(g) 18 (“Supplemental Rules”). The Supplemental Rules govern social security actions and 19 “establish a simplified procedure that recognizes the essentially appellate character of 20 actions that seek only review of an individual’s claims on a single administrative record. . 21 . ” Fed. R. Civ. P. Supp. Soc. Sec. R. 2022 Advisory Committee’s Note. 22 Supplement Rule 2(b)(1) provides that the complaint must: 23 (A) state that the action is brought under § 405(g); 24 (B) identify the final decision to be reviewed, including any identifying 25 designation provided by the Commissioner with the final decision; 26 (C) state the name and the county of residence of the person for whom benefits 27 are claimed; 28 (D) name the person on whose wage record benefits are claimed; and I (E) state the type of benefits claimed. 2 ||Fed. R. Civ. P. Supp. Soc. Sec. R. 2(b)(1). “The elements of the claim for review are 3 |}adequately pleaded under Rule 2(b)(1)(B), (C), (D), and (E).” Jd., 2022 Advisory 4 || Committee Note. 5 After reviewing the complaint pursuant to its sua sponte screening, the Court finds 6 || that Plaintiff has adequately plead three of the four elements.
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 MARIA H., Case No.: 23cv2087-MMP
10 Plaintiff, ORDER: 11 v. 1) GRANTING PLAINTIFF’S 12 COMMISSIONER OF THE SOCIAL MOTION FOR LEAVE TO SECURITY ADMINISTRATION, 13 PROCEED IN FORMA
PAUPERIS; 14 Defendant.
15 2) DISMISSING PLAINTIFF’S COMPLAINT WITH LEAVE 16 TO AMEND 17 [ECF No. 2] 18 19 20 On November 10, 2023, Maria H. (“Plaintiff”) filed this Social Security appeal 21 pursuant to 42 U.S.C. § 405(g) of the Social Security Act, seeking judicial review of the 22 administrative decision of the Commissioner of the Social Security Administration 23 (“Defendant”), which denied Plaintiff’s application for social security disability insurance 24 (SSDI) and supplemental security income (SSI) benefits. [ECF No. 1.] That same day, 25 Plaintiff filed a Motion for Leave to Proceed In Forma Pauperis (“IFP”). [ECF No. 2.] 26 I. MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 27 All parties instituting any civil action, suit, or proceeding in a district court of the 28 United States, except an application for writ of habeas corpus, must pay a filing fee of 1 $402. See 28 U.S.C. § 1914(a). An action may proceed despite the plaintiff’s failure to 2 prepay the filing fee only if the plaintiff is granted leave to proceed IFP pursuant to 28 3 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 4 The determination of indigency falls within the district court’s discretion. California 5 Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991), reversed on other grounds 6 by, 506 U.S. 194 (1993) (“Section 1915 typically requires the reviewing court to exercise 7 its sound discretion in determining whether the affiant has satisfied the statute’s 8 requirement of indigency.”). A party need not be completely destitute to proceed IFP. 9 Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339–40 (1948). To satisfy the 10 requirements of 28 U.S.C. § 1915(a), “an affidavit [of poverty] is sufficient which states 11 that one cannot because of his poverty pay or give security for costs . . . and still be able to 12 provide for himself and dependents with the necessities of life.” Id. at 339 (internal 13 quotation marks omitted). At the same time, “the same even-handed care must be employed 14 to assure that federal funds are not squandered to underwrite, at public expense, either 15 frivolous claims or the remonstrances of a suitor who is financially able, in whole or in 16 material part, to pull his own oar.” Temple v. Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 17 1984). The facts as to the affiant’s poverty must be stated “with some particularity, 18 definiteness, and certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981). 19 Plaintiff has satisfied her burden of demonstrating that she is entitled to IFP status. 20 In her affidavit in support of her IFP motion, Plaintiff attests that her average monthly 21 income is $608.00 for early retirement and $291.00 in food stamps. [ECF No. 2 at 2–3.] 22 Plaintiff further attests that, as of the date of her affidavit, she had $40.00 in a checking 23 account and her total monthly expenses are approximately $556.00. [Id. at 3–6.] Finally, 24 25 26 1 In addition to the $350.00 statutory fee, civil litigants must pay an additional 27 administrative fee of $52.00. See 28 U.S.C. § 1914(b) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (eff. Dec. 1, 2020)). The additional $52.00 28 1 Plaintiff attests that she does not anticipate major changes to her monthly income during 2 the next twelve months. [Id. at 5.] The Court finds Plaintiff has sufficiently shown an 3 inability to pay the initial filing fee without impairing her ability to pay for life’s 4 necessities. Thus, the Court GRANTS Plaintiff’s motion for leave to proceed IFP. 5 II. SUA SPONTE SCREENING UNDER 28 U.S.C. § 1915(e)(2) AND § 1915(a) 6 Complaints filed by any person proceeding IFP pursuant to 28 U.S.C. § 1915(a) are 7 subject to a mandatory sua sponte screening by the Court. Lopez v. Smith, 203 F.3d 1122, 8 1127 (9th Cir. 2000); Norris v. Kijakazi, No. 23CV432-BLM, 2023 WL 2518870, at *2 9 (S.D. Cal. Mar. 13, 2023). A complaint should be dismissed sua sponte if it is (1) “frivolous 10 or malicious;” (2) “fails to state a claim on which relief may be granted;” or (3) “seeks 11 monetary relief against a defendant who is immune from such relief.” See 28 U.S.C. § 12 1915(e)(2); Lopez, 203 F.3d at 1126. Complaints in social security cases are not exempt 13 from this screening requirement. See Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) 14 (“[T]he provisions of 28 U.S.C. § 1915(e)(2)(B) are not limited to prisoners.”); Giselle N. 15 v. Kijakazi, No. 23-CV-04293-PHK, 2023 WL 6307947, at *1 (N.D. Cal. Sept. 26, 2023). 16 Effective December 1, 2022, the Federal Rules of Civil Procedure were amended to 17 include the Supplemental Rules for Social Security Actions Under 42 U.S.C. § 405(g) 18 (“Supplemental Rules”). The Supplemental Rules govern social security actions and 19 “establish a simplified procedure that recognizes the essentially appellate character of 20 actions that seek only review of an individual’s claims on a single administrative record. . 21 . ” Fed. R. Civ. P. Supp. Soc. Sec. R. 2022 Advisory Committee’s Note. 22 Supplement Rule 2(b)(1) provides that the complaint must: 23 (A) state that the action is brought under § 405(g); 24 (B) identify the final decision to be reviewed, including any identifying 25 designation provided by the Commissioner with the final decision; 26 (C) state the name and the county of residence of the person for whom benefits 27 are claimed; 28 (D) name the person on whose wage record benefits are claimed; and I (E) state the type of benefits claimed. 2 ||Fed. R. Civ. P. Supp. Soc. Sec. R. 2(b)(1). “The elements of the claim for review are 3 |}adequately pleaded under Rule 2(b)(1)(B), (C), (D), and (E).” Jd., 2022 Advisory 4 || Committee Note. 5 After reviewing the complaint pursuant to its sua sponte screening, the Court finds 6 || that Plaintiff has adequately plead three of the four elements. Plaintiff states that the claim 7 brought under 42 U.S.C. Section 405(g); identifies the decision as a denial of benefits 8 ||from the ALJ on June 23, 2023, which the Appeals Counsel denied further review; 9 |lidentifies plaintiff by name and as the social security number used in this case; and 10 |/identifies the type of benefits claimed as SSDI and SSI benefits. [ECF No. 1 at | 4 1-2; 4, 11 || 6—8, 10.] Plaintiff therefore adequately pleads the elements required by Supplemental Rule 12 2(b)(1)(B), (D), and (E). 13 Plaintiff's complaint, however, does not satisfy Supplemental Rule 2(b)(1)(C), 14 || which specifically requires the complaint to state “the county of residence of the person for 15 || whom benefits are claimed.” Fed. R. Civ. P. Supp. Soc. Sec. R. 2(b)(1)(C). Plaintiff states 16 lives in California and provides her mailing address but does not state “the county of 17 ||residence” as required. As a result, the Court finds Plaintiff has not sufficiently pled the 18 || four elements of her claim for relief to survive a § 1915(e) screening. The Supplemental 19 || Rules provide that “[flailure to plead all the matters described in Rule 2(b)(1)(B), (C), (D), 20 (E), moreover, should be cured by leave to amend, not dismissal.” See id. 2022 21 || Advisory Committee Note. Accordingly, the Court DISMISSES the complaint with leave 22 ||to amend. Plaintiff shall file an amended complaint within fourteen days of this Order 23 || curing the specific deficiency noted above. 24 IT IS SO ORDERED. 25 || Dated: November 30, 2023 Wyble. th. ea 2%6 HON. MICHELLE M. PETTIT United States Magistrate Judge 27 28