Atchley v. Saul
Atchley v. Saul
Trial Court Opinion
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 * * *
4 ROGER S. ATCHLEY, Case No. 2:19-cv-02182-EJY
5 Plaintiff, ORDER 6 v.
7 ANDREW SAUL, Acting Commissioner of Social Security,1 8 Defendant. 9 10 A review of the docket in this matter evidences that Plaintiff, who is proceeding pro per, 11 filed a Complaint on February 4, 2020 (ECF No. 6) that failed to state the nature of his disability or 12 allege when it commenced. Plaintiff’s Complaint also failed to (1) include a plain, short, and concise 13 statement identifying the nature of his disagreement with the decision made by the Social Security 14 Administration, or (2) show how Plaintiff is entitled to relief. As explained in the Court’s March 15 10, 2020 Order (ECF No. 7), these failures leave the Court without the ability to conduct a 16 meaningful screening of Plaintiff’s Complaint and, as such, fail to state a claim upon which relief 17 may be granted. Id. at 2. 18 On March 10, 2020, the Court issued its Order to Show Cause why this matter should not be 19 dismissed. Id. The Court gave Plaintiff through and including March 24, 2020 to respond to its 20 Order to Show Cause. As of the date of this instant Order, April 1, 2020, Plaintiff has filed nothing 21 with the Court. Therefore, and because Plaintiff failed to file a complaint providing the defendant 22 with fair notice of what he is claiming and the grounds upon which he seeks relief, Plaintiff fails to 23 state a claim upon which relief may be granted. Montoya v. Colvin, No. 2:16-cv-00454-RFB-NJK, 24
2016 WL 890922, at *2 (D. Nev. Mar. 8, 2016). 25 26
1 Andrew Saul is the current Commissioner of Social Security and is automatically substituted as a party pursuant 27 to Fed. R. Civ. P. 25(d). See also
42 U.S.C. § 405(g) (“Any action instituted in accordance with this subsection shall 1 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Complaint (ECF No. 6) is 2 || dismissed and the Clerk of Court is directed to close the case. 4 DATED this Ist day of April, 2020.
ELAYWA J. Y A 7 UNITED STAT ISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown