Opinion
2:23-cv-00254-NJK
02-22-2023
ZENIA BROWN, Plaintiff, v. KILOLO KIJAKAZI, Defendant.
ORDER
[Docket Nos. 1, 2]
Nancy J. Koppe United States Magistrate Judge
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).
I. Application to Proceed In Forma Pauperis
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.
II. Screening the Complaint
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 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).
In this case, Plaintiff s complaint fails to comply with several of the above requirements.
III. Conclusion
Accordingly, the Court hereby ORDERS as follows:
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.
2. Plaintiff is permitted to maintain this action to conclusion without the necessity of prepayment of any additional fees or costs or the giving of a security therefor. The Order gr anting leave to proceed in forma pauperis shall not extend to the issuance of subpoenas at government expense.
3. The complaint is DISMISSED with leave to amend. Docket No. 2. Plaintiff will have until March 8, 2023, to file an Amended Complaint, if Plaintiff believes the noted deficiencies can be corrected.
IT IS SO ORDERED.