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2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Demetriest A. D., Case No. 2:25-cv-00805-DJA 6 Plaintiff, 7 Order v. 8 Frank J. Bisignano, Commissioner of Social 9 Security,

10 Defendant.

11 12 Before the Court is Plaintiff Demetriest A. D.’s motion for leave to proceed in forma 13 pauperis. (ECF No. 1). Because the Court finds that Plaintiff has demonstrated an inability to 14 prepay fees and costs or give security for them, it grants the application. The Court also finds that 15 Plaintiff’s complaint has met the basic requirements to satisfy screening. The Court finds these 16 matters properly resolved without a 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

(a) showing an inability 20 to prepay fees and costs or give security for them. Plaintiff explains that she has a limited income 21 with which she cannot afford to pay the filing fee. The Court thus finds that Plaintiff is unable to 22 pay an initial partial filing fee and grants the application to proceed in forma pauperis. 23 B. Plaintiff’s complaint passes the Court’s screening. 24 Plaintiff’s complaint meets the basic requirements to pass screening. When a plaintiff 25 seeks leave to file a civil case in forma pauperis, the court will screen the complaint. See 28

(e). For social security appeals, judges in this district consider four requirements 27 for complaints to satisfy screening. See, e.g., Graves v. Colvin,

, *2 (D. Nev. 1 remedies were exhausted under

(g) and that the plaintiff filed the application 2 within 60 days after notice of the Social Security Commissioner’s final decision. See

Second, 3 the complaint must indicate the judicial district in which the plaintiff resides. See

Third, the 4 complaint must state the nature of the plaintiff’s disability and when the plaintiff claims to have 5 become disabled. See

Fourth, the complaint must contain a plain, short, and concise 6 statement identifying the nature of the plaintiff’s disagreement with the determination made by 7 the Social Security Administration and show that the plaintiff is entitled to relief. See

8 Here, Plaintiff’s complaint satisfies all four requirements. First, Plaintiff alleges that the 9 Appeals Council denied her request for review of the Administrative Law Judge’s decision on 10 March 27, 2025, making the Administrative Law Judge’s decision the final decision of the 11 Commissioner. Plaintiff filed her complaint and application less than sixty days after, on May 8, 12 2025. Second, Plaintiff claims to live in the jurisdictional boundaries of this Court. Third, the 13 complaint outlines the nature of Plaintiff’s disabilities, and the date Plaintiff became disabled. 14 Fourth, the complaint concisely states Plaintiff’s disagreement with the Social Security 15 Administration’s determination. Because Plaintiff’s complaint meets each of these requirements, 16 it satisfies screening. 17 18 IT IS THEREFORE ORDERED that Plaintiff’s application to proceed in forma 19 pauperis (ECF No. 1) is granted with the caveat that the fees shall be paid if recovery is made. 20 At this time, Plaintiff shall not be required to pay the filing fee. 21 IT IS FURTHER ORDERED that Plaintiff is permitted to maintain this action to 22 conclusion without the necessity of prepayment of any additional fees or costs or the giving of 23 security therefor. The Order granting leave to proceed in forma pauperis shall not extend to the 24 issuance of subpoenas at government expense. 25 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to file the 26 complaint (ECF No. 1-1). 27 ] IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to provide notice 2 || of this action to the Commissioner pursuant to Rule 3 of the Supplemental Rules for Social 3 || Security. 4 IT IS FURTHER ORDERED that from this point forward, Plaintiff shall serve upon 5 || Defendant or, if appearance has been entered by counsel, upon the attorney, a copy of every 6 || pleading, motion, or other document submitted for consideration by the Court. Plaintiff shall 7 || tnclude with the original paper submitted for filing a certificate stating the date that a true and 8 || correct copy of the document was personally served or sent by mail to the Defendant or counsel 9 || for the Defendant. The Court may disregard any paper received by a judge which has not been 10 || filed with the clerk, and any paper received by a judge or the clerk which fails to include a 11 || certificate of service. 12 13 DATED: May 12, 2025 ) —y = 14 We” 0 DANIEL J. ALBREGTS ¥ 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28