Hill v. Social Security Administation

District Court, D. Nevada

Hill v. Social Security Administation

Trial Court Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 LAQUANDA HILL, Case No. 2:22-cv-00871-NJK

7 Plaintiff, ORDER

8 v. 9 SOCIAL SECURITY, 10 Defendant. 11 The Court previously granted Plaintiff’s application to proceed in forma pauperis and 12 dismissed her complaint with leave to amend. Docket No. 3. Now before the Court is Plaintiff’s 13 amended complaint. Docket No. 4. 14 When a party seeks permission to pursue a civil case in forma pauperis, courts screen the 15 complaint. See

28 U.S.C. § 1915

(e). With respect to social security appeals specifically, judges 16 in this District have outlined some basic requirements for complaints to satisfy the Court’s 17 screening. First, the complaint must establish that administrative remedies were exhausted 18 pursuant to

42 U.S.C. § 405

(g), and that the civil action was commenced within 60 days after 19 notice of a final decision. Second, the complaint must indicate the judicial district in which the 20 plaintiff resides. Third, the complaint must state the nature of the plaintiff’s disability and when 21 the plaintiff claims to have become disabled. Fourth, the complaint must contain a plain, short, 22 and concise statement identifying the nature of the plaintiff’s disagreement with the determination 23 made by the Social Security Administration and show that the plaintiff is entitled to relief. See, 24 e.g., Graves v. Colvin,

2015 WL 357121

, *2 (D. Nev. Jan. 26, 2015) (collecting cases). 25 Although the Court liberally construes the filings of litigants proceeding without an 26 attorney, Erickson v. Pardus,

551 U.S. 89, 94

(2007), Plaintiff’s complaint does not include most 27 of the required information. Plaintiff only identifies her claims for disability and provides none of 28 the other information. 1 Accordingly, the Court DISMISSES Plaintiff's amended complaint. Docket No. 4. The Court will give Plaintiff one final opportunity to file an amended complaint that contains the 3] required information. Plaintiff will have until August 9, 2022, to file an amended complaint, if Plaintiff believes the noted deficiencies can be corrected. 5 IT IS SO ORDERED. 6 Dated: July 8, 2022 he. 7 Zi. oe —~, Nancy J. Koppe, * 8 United States Magistrate Judge 9

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Reference

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