1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PERLA P.,1 Case No.: 3:24-cv-01708-W-VET
12 Plaintiff, ORDER GRANTING MOTION TO 13 v. PROCEED IN FORMA PAUPERIS AND DISMISSING COMPLAINT 14 MARTIN O’MALLEY, Commissioner of WITH LEAVE TO AMEND Social Security, 15 Defendant. 16 17 [Doc. No. 2] 18 19
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26 27 1 Pursuant to Civil Local Rule 7.1(e)(6)(b), “[o]pinions by the Court in [Social Security cases under 42 U.S.C. § 405(g) (2022)] will refer to any non-government parties by 28 1 I. INTRODUCTION 2 On September 25, 2024, Plaintiff Perla P. (“Plaintiff”) filed this action, seeking 3 judicial review of the Commissioner of Social Security’s (“Commissioner”) final decision 4 denying her application for Supplemental Security Income benefits (“Complaint”). Doc. 5 No. 1. Plaintiff also filed an Application to Proceed in District Court Without Prepaying 6 Fees or Costs (“IFP Application”) under 28 U.S.C. § 1915. Doc. No. 2. For the reasons 7 stated below, the Court GRANTS the IFP Application and DISMISSES the Complaint 8 with leave to amend. 9 II. DISCUSSION 10 A. IFP Application 11 Except for writ of habeas corpus applications, all parties instituting a civil action, 12 suit, or proceeding in a United States district court must pay a filing fee of $405.2 See 28 13 U.S.C. § 1914(a). An action may proceed without paying the filing fee only if the party is 14 granted in forma pauperis (“IFP”) status. See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th 15 Cir. 1999). 16 To proceed IFP, an applicant does not need to be “absolutely destitute” but must 17 adequately prove her indigence. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 18 339–40 (1948). To that end, an applicant must provide the Court with a signed affidavit 19 “that includes a statement of all assets which shows inability to pay initial fees or give 20 security.” CivLR 3.2.a. The affidavit proving indigence should allege “that the affiant 21 cannot pay the court costs and still afford the necessities of life.” Escobedo v. Applebees, 22 787 F.3d 1226, 1234 (9th Cir. 2015) (citing Adkins, 335 U.S. at 339); see also Jefferson v. 23
24 25 2 In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $55. See 28 U.S.C. § 1914(a); see also U.S. COURTS, DISTRICT COURT 26 MISCELLANEOUS FEE SCHEDULE § 14 (effective Dec. 1, 2023), available at 27 https://www.uscourts.gov/services-forms/fees/district-court-miscellaneous-fee- schedule. The additional $55 administrative fee does not apply to persons granted leave 28 1 United States, 277 F.2d 723, 725 (9th Cir. 1960) (an adequate affidavit should state 2 supporting facts “with some particularity, definiteness and certainty”). No exact formula is 3 “set forth by statute, regulation, or case law to determine when someone is poor enough to 4 earn IFP status.” Escobedo, 787 F.3d at 1235. Consequently, courts must evaluate IFP 5 requests on a case-by-case basis. See id. at 1235–36 (declining to implement a general 6 benchmark of “twenty percent of monthly household income”); see also Cal. Men’s Colony 7 v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991) (requiring that district courts evaluate 8 indigency based upon available facts and by exercise of their “sound discretion”), rev’d on 9 other grounds, 506 U.S. 194 (1993); Venable v. Meyers, 500 F.2d 1215, 1216 (9th Cir. 10 1974). 11 Here, Plaintiff demonstrates she is entitled to IFP status. In support of the IFP 12 Application, Plaintiff represents that she has no income other than public assistance over 13 the past year, no employment history in the prior two years, and does not expect any future 14 income. Doc. No. 2. at 1–2. Plaintiff further represents that she has no assets, uses what 15 public assistance she receives to pay rent, and has “almost no money left” available to pay 16 the filing fee. Id. at 4–5. Plaintiff’s reported monthly expenses are rent, food, and 17 transportation, estimated at $319. Id. Considering the information in the affidavit, the Court 18 finds that Plaintiff does not have the ability to pay the $405 filing fee under § 1915(a). 19 B. Mandatory Screening under 28 U.S.C. § 1915(e) 20 Complaints filed by any person proceeding IFP are subject to mandatory screening 21 by the Court under Section 1915(e)(2)(B). Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 22 2000) (“section 1915(e) applies to all [IFP] complaints, not just those filed by prisoners”); 23 Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) (“the provisions of 28 U.S.C. 24 § 1915(e)(2)(B) are not limited to prisoners”) (internal citation omitted). Social Security 25 appeals are not exempt from this screening requirement. See Hoagland v. Astrue, No. 12- 26 cv-00973-SMS, 2012 U.S. Dist. LEXIS 90042, at *1 (E.D. Cal. June 28, 2012) (“Screening 27 is required even if the plaintiff pursues an appeal of right, such as an appeal of the 28 Commissioner’s denial of social security disability benefits.”). Pursuant to Section 1 1915(e), a complaint should be dismissed sua sponte if it is (1) “frivolous or malicious;” 2 (2) “fails to state a claim on which relief may be granted;” or (3) “seeks monetary relief 3 against a defendant who is immune from such relief.” See 28 U.S.C. § 1915(e)(2); Lopez, 4 203 F.3d at 1126. 5 As an initial matter, the Court finds that the Complaint is not frivolous or malicious. 6 Nor does it seek relief against a defendant who is immune. Plaintiff identifies a decision 7 issued by the Commissioner that she seeks to appeal, a summary basis for the appeal, and 8 a valid statutory basis for the Complaint. Doc. No. 1 at 1–3. Further, the Commissioner is 9 not immune from the relief requested, namely reversal of the Commissioner’s decision or 10 remand for further administrative proceedings. To the contrary, the Social Security Act 11 expressly authorizes federal judicial review of “any final decision of the Commissioner of 12 Social Security made after a hearing on which [the plaintiff] was a party.” 42 U.S.C. 13 § 405(g). 14 Determining whether a complaint states a plausible claim for relief is a context- 15 specific task. Ashcroft v. Iqbal, 556 U.S.
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PERLA P.,1 Case No.: 3:24-cv-01708-W-VET
12 Plaintiff, ORDER GRANTING MOTION TO 13 v. PROCEED IN FORMA PAUPERIS AND DISMISSING COMPLAINT 14 MARTIN O’MALLEY, Commissioner of WITH LEAVE TO AMEND Social Security, 15 Defendant. 16 17 [Doc. No. 2] 18 19
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26 27 1 Pursuant to Civil Local Rule 7.1(e)(6)(b), “[o]pinions by the Court in [Social Security cases under 42 U.S.C. § 405(g) (2022)] will refer to any non-government parties by 28 1 I. INTRODUCTION 2 On September 25, 2024, Plaintiff Perla P. (“Plaintiff”) filed this action, seeking 3 judicial review of the Commissioner of Social Security’s (“Commissioner”) final decision 4 denying her application for Supplemental Security Income benefits (“Complaint”). Doc. 5 No. 1. Plaintiff also filed an Application to Proceed in District Court Without Prepaying 6 Fees or Costs (“IFP Application”) under 28 U.S.C. § 1915. Doc. No. 2. For the reasons 7 stated below, the Court GRANTS the IFP Application and DISMISSES the Complaint 8 with leave to amend. 9 II. DISCUSSION 10 A. IFP Application 11 Except for writ of habeas corpus applications, all parties instituting a civil action, 12 suit, or proceeding in a United States district court must pay a filing fee of $405.2 See 28 13 U.S.C. § 1914(a). An action may proceed without paying the filing fee only if the party is 14 granted in forma pauperis (“IFP”) status. See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th 15 Cir. 1999). 16 To proceed IFP, an applicant does not need to be “absolutely destitute” but must 17 adequately prove her indigence. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 18 339–40 (1948). To that end, an applicant must provide the Court with a signed affidavit 19 “that includes a statement of all assets which shows inability to pay initial fees or give 20 security.” CivLR 3.2.a. The affidavit proving indigence should allege “that the affiant 21 cannot pay the court costs and still afford the necessities of life.” Escobedo v. Applebees, 22 787 F.3d 1226, 1234 (9th Cir. 2015) (citing Adkins, 335 U.S. at 339); see also Jefferson v. 23
24 25 2 In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $55. See 28 U.S.C. § 1914(a); see also U.S. COURTS, DISTRICT COURT 26 MISCELLANEOUS FEE SCHEDULE § 14 (effective Dec. 1, 2023), available at 27 https://www.uscourts.gov/services-forms/fees/district-court-miscellaneous-fee- schedule. The additional $55 administrative fee does not apply to persons granted leave 28 1 United States, 277 F.2d 723, 725 (9th Cir. 1960) (an adequate affidavit should state 2 supporting facts “with some particularity, definiteness and certainty”). No exact formula is 3 “set forth by statute, regulation, or case law to determine when someone is poor enough to 4 earn IFP status.” Escobedo, 787 F.3d at 1235. Consequently, courts must evaluate IFP 5 requests on a case-by-case basis. See id. at 1235–36 (declining to implement a general 6 benchmark of “twenty percent of monthly household income”); see also Cal. Men’s Colony 7 v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991) (requiring that district courts evaluate 8 indigency based upon available facts and by exercise of their “sound discretion”), rev’d on 9 other grounds, 506 U.S. 194 (1993); Venable v. Meyers, 500 F.2d 1215, 1216 (9th Cir. 10 1974). 11 Here, Plaintiff demonstrates she is entitled to IFP status. In support of the IFP 12 Application, Plaintiff represents that she has no income other than public assistance over 13 the past year, no employment history in the prior two years, and does not expect any future 14 income. Doc. No. 2. at 1–2. Plaintiff further represents that she has no assets, uses what 15 public assistance she receives to pay rent, and has “almost no money left” available to pay 16 the filing fee. Id. at 4–5. Plaintiff’s reported monthly expenses are rent, food, and 17 transportation, estimated at $319. Id. Considering the information in the affidavit, the Court 18 finds that Plaintiff does not have the ability to pay the $405 filing fee under § 1915(a). 19 B. Mandatory Screening under 28 U.S.C. § 1915(e) 20 Complaints filed by any person proceeding IFP are subject to mandatory screening 21 by the Court under Section 1915(e)(2)(B). Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 22 2000) (“section 1915(e) applies to all [IFP] complaints, not just those filed by prisoners”); 23 Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) (“the provisions of 28 U.S.C. 24 § 1915(e)(2)(B) are not limited to prisoners”) (internal citation omitted). Social Security 25 appeals are not exempt from this screening requirement. See Hoagland v. Astrue, No. 12- 26 cv-00973-SMS, 2012 U.S. Dist. LEXIS 90042, at *1 (E.D. Cal. June 28, 2012) (“Screening 27 is required even if the plaintiff pursues an appeal of right, such as an appeal of the 28 Commissioner’s denial of social security disability benefits.”). Pursuant to Section 1 1915(e), a complaint should be dismissed sua sponte if it is (1) “frivolous or malicious;” 2 (2) “fails to state a claim on which relief may be granted;” or (3) “seeks monetary relief 3 against a defendant who is immune from such relief.” See 28 U.S.C. § 1915(e)(2); Lopez, 4 203 F.3d at 1126. 5 As an initial matter, the Court finds that the Complaint is not frivolous or malicious. 6 Nor does it seek relief against a defendant who is immune. Plaintiff identifies a decision 7 issued by the Commissioner that she seeks to appeal, a summary basis for the appeal, and 8 a valid statutory basis for the Complaint. Doc. No. 1 at 1–3. Further, the Commissioner is 9 not immune from the relief requested, namely reversal of the Commissioner’s decision or 10 remand for further administrative proceedings. To the contrary, the Social Security Act 11 expressly authorizes federal judicial review of “any final decision of the Commissioner of 12 Social Security made after a hearing on which [the plaintiff] was a party.” 42 U.S.C. 13 § 405(g). 14 Determining whether a complaint states a plausible claim for relief is a context- 15 specific task. Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). The pleading standard governing 16 most civil actions is set forth in Federal Rule of Civil Procedure 8(a), which provides that 17 a complaint must include “a short and plain statement of the claim showing that the pleader 18 is entitled to relief.” Fed. R. Civ. P. 8(a). However, in the context of a Social Security 19 action, the Court applies the Federal Rules of Civil Procedure’s Supplemental Rules for 20 Social Security Actions Under 42 U.S.C. § 405(g) (“Supplemental Rules”) to determine 21 whether the Complaint states a claim for relief. See Supplemental Rule 1(a) (“These rules 22 govern an action under 42 U.S.C. § 405(g) for review on the record of a final decision of 23 the Commissioner of Social Security that presents only an individual claim.”); see also 24 2022 Advisory Committee Note to Supplemental Rules (noting that Supplemental Rules 2, 25 3, 4, and 5 supersede the corresponding rules on pleading, service, and presenting the action 26 for decision); see also Randy M. v. O’Malley, No. 24-cv-03396-PHK, 2024 U.S. Dist. 27 LEXIS 111956, at *5 (N.D. Cal. June 25, 2024) (“Supplemental Rule 2(b) sets forth the 28 currently applicable minimum pleading requirements for Social Security complaints under 1 these Supplemental Rules.”); Landon H. v. O’Malley, No. 24-cv-0991-DEB, 2024 U.S. 2 Dist. LEXIS 108200, at *2 (S.D. Cal. June 17, 2024) (applying Supplemental Rule 2 to 3 Social Security complaint). 4 Specifically, Supplemental Rule 2 states that a complaint appealing the decision of 5 the Commissioner must: 6 (A) state that the action is brought under § 405(g); (B) identify the final decision to be reviewed, including any identifying 7 designation provided by the Commissioner with the final decision; 8 (C) state the name and the county of residence of the person for whom benefits are claimed; 9 (D) name the person on whose wage record benefits are claimed; and 10 (E) state the type of benefits claimed. 11 Supplemental Rule 2(b)(1)(A)–(E). Further, a complaint “may include a short and plain 12 statement of the grounds for relief.” Supplemental Rule 2(b)(2). 13 Here, Plaintiff meets four of the five pleading requirements in Supplemental Rule 2. 14 First, Plaintiff identifies Section 405(g) in the caption of the Complaint. Doc. No. 1 at 1. 15 Second, Plaintiff identifies both the relevant Beneficiary Notice Control Number provided 16 by the Commissioner and the final decision of the Commissioner subject to review. Id. at 17 1–3. Third, Plaintiff provides her name and states that she resides in Imperial, CA, a city 18 within Imperial County and within this Court’s jurisdiction. Id. at 1. Fourth, Plaintiff states 19 the type of benefits claimed, namely Supplemental Security Income benefits. Id. at 2. The 20 Complaint, however, fails to name the person on whose wage record benefits are claimed, 21 or alternatively specify that Plaintiff is claiming benefits on her own wage record. 22 When a plaintiff fails to meet the mandatory pleading requirements of Supplemental 23 Rule 2, leave to amend, not dismissal, is appropriate. See 2022 Advisory Committee Note 24 to Supplemental Rules. Thus, the Court finds that the Complaint does not survive screening 25 under 28 U.S.C. § 1915(e)(2)(B) and dismisses the Complaint with leave to amend. 26 III. CONCLUSION 27 Based on the foregoing, the Court GRANTS Plaintiff’s IFP Application. Doc. No. 28 2. And following mandatory screening under § 1915(e)(2)(B), the Court DISMISSES the 1 ||Complaint with leave to amend. Plaintiff shall file an amended complaint on or before 2 || November 29, 2024. 3 IT IS SO ORDERED. 4 ( ) sA— SK 5 Dated: November 14, 2024 6 Honorable Valene E. Torres United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28