Brown v. Commissioner of the Social Security Administration

3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA ZENIA BROWN, Case No. 2:23-cv-00254-NJK 7 Plaintiff, Order v. [Docket Nos. 1, 2] KILOLO KIJAKAZI, 10 Defendant.

11 Plaintiff has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis (Docket No. 1), and has submitted a Complaint (Docket No. 2).

13 I. Application to Proceed In Forma Pauperis 14 Plaintiff filed an application to proceed in forma pauperis. Docket No. 1. The application has sufficiently shown an inability to prepay fees and costs or give security for them. Accordingly, the application to proceed in forma pauperis will be granted pursuant to § 1915. The Court will now review Plaintiff’s complaint.

18 II. Screening the Complaint 19 When a party seeks permission to pursue a civil case in forma pauperis, courts will screen the complaint. See 28 U.S.C. § 1915(e). With respect to social security appeals specifically, judges in this District have outlined some basic requirements for complaints to satisfy the Court’s screening. First, the complaint must establish that administrative remedies were exhausted pursuant to 42 U.S.C. § 405(g), and that the civil action was commenced within 60 days after notice of a final decision. Second, the complaint must indicate the judicial district in which the plaintiff resides. Third, the complaint must state the nature of the plaintiff’s disability and when the plaintiff claims to have become disabled. Fourth, the complaint must contain a plain, short, and concise statement identifying the nature of the plaintiff’s disagreement with the determination 1} made by the Social Security Administration and show that the plaintiff is entitled to relief. See, e.g., Graves v. Colvin, 2015 WL 357121, *2 (D. Nev. Jan. 26, 2015) (collecting cases).

3 In this case, Plaintiff's complaint fails to comply with several of the above requirements.

4) 111. Conclusion 5 Accordingly, the Court hereby ORDERS as follows: 6 1. Plaintiff's request to proceed in forma pauperis is GRANTED with the caveat that the 7 fees shall be paid if recovery is made. At this time, Plaintiff shall not be required to 8 pre-pay the filing fee.

9 2. Plaintiff is permitted to maintain this action to conclusion without the necessity of 10 prepayment of any additional fees or costs or the giving of a security therefor. The 11 Order granting leave to proceed in forma pauperis shall not extend to the issuance of 12 subpoenas at government expense.

13 3. The complaint is DISMISSED with leave to amend. Docket No. 2. Plaintiff will have 14 until March 8, 2023, to file an Amended Complaint, if Plaintiff believes the noted 15 deficiencies can be corrected.

16 IT IS SO ORDERED.

17 Dated: February 22, 2023 18 POX ZZ.

Naney □□ oppe _ 19 United States Magistrate Judge