Hunter v. Kijakazi

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Jenee Hunter, Case No. 2:22-cv-01534-DJA 6 Plaintiff, v. 8 Kilolo Kijakazi, 9 Defendant. 10 11 Before the Court is Plaintiff Jenee Hunter’s application to proceed in forma pauperis on 12 appeal from the Social Security Commissioner’s final decision. (ECF No. 1). Because the Court 13 finds that Plaintiff has demonstrated an inability to prepay fees and costs or give security for 14 them, it grants the application. The Court also finds that Plaintiff’s complaint has met the basic 15 requirements to satisfy screening. The Court finds these matters properly resolved without a 16 hearing. LR 78-1. 17 I. Discussion. 18 A. The Court grants Plaintiff’s in forma pauperis application. 19 Plaintiff has submitted the affidavit required by 28 U.S.C. § 1915(a) showing an inability 20 to prepay fees and costs or give security for them. Plaintiff is employed but receives only 21 approximately $740 in take-home pay per month. Plaintiff claims to have no money in a bank 22 account and no cash. Plaintiff calculates expenses totaling $200 per month. Based on the 23 financial information provided, the Court finds that Plaintiff is unable to pay an initial partial 24 filing fee and grants the application to proceed in forma pauperis. 25 B. Plaintiff’s complaint passes the Court’s screening. 26 Plaintiff’s complaint meets the basic requirements to pass screening. When a plaintiff 27 seeks leave to file a civil case in forma pauperis, the court will screen the complaint. See 28 1 for complaints to satisfy screening. See, e.g., Graves v. Colvin, 2015 WL 357121, *2 (D. Nev. 2 Jan. 26, 2015) (collecting cases). See id. First, the complaint must establish that administrative 3 remedies were exhausted under 42 U.S.C. § 405(g) and that the plaintiff filed the application 4 within 60 days after notice of the Social Security Commissioner’s final decision. See id. Second, 5 the complaint must indicate the judicial district in which the plaintiff resides. See id. Third, the 6 complaint must state the nature of the plaintiff’s disability and when the plaintiff claims to have 7 become disabled. See id. Fourth, the complaint must contain a plain, short, and concise 8 statement identifying the nature of the plaintiff’s disagreement with the determination made by 9 the Social Security Administration and show that the plaintiff is entitled to relief. See id. 10 Here, Plaintiff’s complaint satisfies all four requirements. First, the complaint asserts that 11 Plaintiff applied for supplemental security income benefits, which application the Commissioner 12 denied. Afterwards, Plaintiff timely requested and participated in a hearing before an 13 administrative law judge (ALJ), who denied Plaintiff’s claim on September 1, 2021. The Appeals 14 Council denied review on July 27, 2022, making the ALJ’s decision the final decision of the 15 Commissioner. Plaintiff filed an in forma pauperis application less than 60 days later. Second, 16 Plaintiff claims to live in the jurisdictional boundaries of this Court. Third, the complaint outlines 17 the nature of Plaintiff’s disabilities, and the date Plaintiff became disabled. Fourth, the complaint 18 concisely states Plaintiff’s disagreement with the Social Security Administration’s determination. 19 Because Plaintiff’s complaint meets each of these requirements, it satisfies screening. 20 21 IT IS THEREFORE ORDERED that Plaintiff’s application to proceed in forma 22 pauperis (ECF No. 1) is granted with the caveat that the fees shall be paid if recovery is made. 23 At this time, Plaintiff shall not be required to pay the filing fee. 24 IT IS FURTHER ORDERED that Plaintiff is permitted to maintain this action to 25 conclusion without the necessity of prepayment of any additional fees or costs or the giving of 26 security therefor. The Order granting leave to proceed in forma pauperis shall not extend to the 27 issuance of subpoenas at government expense. 1 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to file the 2 || complaint (ECF No. 1-1). 3 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to serve the 4 || Commissioner of the Social Security Administration by sending a copy of the summons and 5 || complaint by certified mail to: (1) Office of Regional Chief Counsel, Region IX, Social Security 6 || Administration, 160 Spear St., Suite 800, San Francisco, California 94105-1545; and (2) the 7 || Attorney General of the United States, Department of Justice, 950 Pennsylvania Avenue, N.W., 8 || Washington, D.C. 20530. 9 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to issue 10 |} summons to the United States Attorney for the District of Nevada and deliver the summons and 11 |} Complaint to the U.S. Marshal for service. 12 IT IS FURTHER ORDERED that from this point forward, Plaintiff shall serve upon 13 || Defendant or, if appearance has been entered by counsel, upon the attorney, a copy of every 14 || pleading, motion or other document submitted for consideration by the Court. Plaintiff shall 15 |} include with the original paper submitted for filing a certificate stating the date that a true and 16 || correct copy of the document was personally served or sent by mail to the Defendant or counsel 17 || for the Defendant. The Court may disregard any paper received by a judge which has not been 18 || filed with the clerk, and any paper received by a judge or the clerk which fails to include a 19 || certificate of service. 20 21 DATED: September 16, 2022 □

22 |v DANIEL J. ALBREGTS 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28