Opinion
Case No. 2:17-cv-02092-JCM-NJK
08-02-2017
CRAIG R. SMITH, Plaintiff(s), v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant(s).
ORDER (Docket No. 1)
Plaintiff has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis, (Docket No. 1), and submitted a Complaint (Docket No. 1-1). I. Application to Proceed In Forma Pauperis
Plaintiff has submitted the affidavit required by § 1915(a) showing an inability to prepay fees and costs or give security for them. Docket No. 1. Accordingly, the request to proceed in forma pauperis will be granted pursuant to § 1915(a). The Court will now review Plaintiff's Complaint.
II. Screening the Complaint
When a party seeks permission to pursue a civil case in forma papueris, courts will screen the complaint pursuant to federal statute. See 28 U.S.C. § 1915(e). Plaintiff's counsel has submitted the same form complaint that has been found insufficient on numerous occasions. See, e.g., Chaplin v. Berryhill, 2017 U.S. Dist. Lexis 114690, at *6 (D. Nev. July 21, 2017) (collecting cases). For the same reasons, Plaintiff's complaint here is deficient.
III. Conclusion
Based on the foregoing, IT IS ORDERED that:
1. Plaintiff's request to proceed in forma pauperis is GRANTED with the caveat that the fees shall be paid if recovery is made. At this time, Plaintiff shall not be required to pre-pay the filing fee of four hundred dollars ($400.00).
2. Plaintiff is permitted to maintain the action to conclusion without the necessity of prepayment of any additional fees or costs or the giving of a security therefor. The Order granting leave to proceed in forma pauperis shall not extend to the issuance of subpoenas at government expense.
3. The Clerk of Court shall file the Complaint.
4. The Complaint is DISMISSED with leave to amend. Plaintiff will have until August 16, 2017, to file an Amended Complaint, if Plaintiff believes he can correct the noted deficiencies.
Dated: August 2, 2017
/s/_________
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE