Bryant v. Saul

1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Nov 02, 2020 SEAN F. MCAVOY, CLERK

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ANTOINE B., NO: 2:20-CV-76-RMP 8 Plaintiff, ORDER DISMISSING COMPLAINT 9 v. FOR FAILURE TO STATE A CLAIM COMMISSIONER OF SOCIAL SECURITY, Defendant.

13 On May 4, 2020, the Court reviewed the legal sufficiency of Plaintiff Antoine B’s1 Complaint because Plaintiff is proceeding in forma pauperis. See 28 U.S.C. 76§1915(e)(2). When a litigant proceeds in forma pauperis, the district court is required to screen that litigant’s complaint for legal sufficiency and must dismiss the action if it fails to state a claim upon which relief may be granted. Id. Upon review, the Court found that Plaintiff’s Complaint did not state a claim upon which relief In the interest of protecting Plaintiff’s privacy, the Court will use Plaintiff’s first name and last initial, and, subsequently, Plaintiff’s first name only, throughout this may be granted because Plaintiff did not allege that the Appeals Council issued a decision in this case or that Plaintiff even sought review from the Appeals Council.

3 ECF No. 7 at 2; see 42 U.S.C. § 405(g); Sims v. Apfel, 530 U.S. 103, 106–107 (2000).

5 The Court granted Plaintiff sixty (60) days to submit a First Amended Complaint curing the deficiencies explained in the Court’s Order. ECF No. 7 at 4.

7 The deadline expired on July 6, 2020, and Plaintiff has yet to amend or voluntarily dismiss his Complaint. Therefore, this case will be dismissed for failure to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii).

10 Accordingly, IT IS HEREBY ORDERED: Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE.

12 IT IS SO ORDERED. The District Court Clerk is directed to enter this Order, enter a judgment of dismiss without prejudice, provide a copy to Plaintiff and to counsel, and close this case.

15 DATED November 2, 2020.

s/ Rosanna Malouf Peterson 17 ROSANNA MALOUF PETERSON United States District Judge