UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
December 17, 2010
KAMAL B. MAHDAVI,
SOCIAL SECURITY COMMISSIONER, DEFENDANT.
The opinion of the court was delivered by: Honorable Janis L. Sammartino United States District Judge
ORDER 1 GRANTING MOTION TO PROCEED IN FORMA PAUPERIS & 2 SUA SPONTE DISMISSING COMPLAINT FOR FAILING TO STATE A CLAIM THE PURSUANT TO 28 U.S.C. § 1915 (Doc. No. 2.)
Presently before the Court is Plaintiff Kamal B. Mahdavi's motion to proceed in forma pauperis. (Doc. No. 2.) For the reasons stated below, the motion is GRANTED. The Court also DISMISSES Plaintiff's complaint after screening it pursuant to 28 U.S.C. § 1915(e)(2).
1. Motion to Proceed In Forma Pauperis
A Federal Court may authorize the commencement of an action without the prepayment of fees if the party submits an affidavit, including a statement of assets, showing that he is unable to pay the required filing fee. 28 U.S.C. § 1915(a). Plaintiff attests that he receives $929 per month in social security and has a checking account containing $20.49. (Memo. ISO Motion, at 2.) He owns no other property. Based on this information, the Court GRANTS Plaintiff's motion to proceed in forma pauperis.
2. Sua Sponte Screening Per 28 U.S.C. § 1915(e)(2)
The Court is required to review a case filed IFP. 28 U.S.C. § 1915(e). The Court shall dismiss the action if it is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998). If the Court dismisses the action, leave to amend may be granted to the extent the pleading can be cured. Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000).
Where other Orders can have headings indicating the cause of action being discussed, this Order cannot-and it's not for a lack of trying. Plaintiff's complaint is a whirlwind of conspiracy theories and fails to meet the pleading standards set forth in Federal Rule of Civil Procedure 8. After wading through the complaint, it seems to the Court that Plaintiff seeks "entitlements and compensat[ion]" based on denials of SSA retirement benefits and reductions of SSI benefits. (Compl. at 2, 3, 6.) But this is a guess at best. And even if the Court ran with its understanding of Plaintiff's request, Plaintiff fails to provide a factual basis for the claim.
The Court dismisses Plaintiff's Complaint for failing to state a claim upon which relief can be granted. See 28 U.S.C. § 1915(e)(2). However, Plaintiff will be permitted the opportunity to file an Amended Complaint.
3. CONCLUSION AND ORDER
The Court GRANTS Plaintiff's motion to proceed in forma pauperis. Plaintiff's Complaint is DISMISSED without prejudice for failing to state a claim upon which relief may be granted. Plaintiff is granted fourteen days leave from the date this Order is electronically docketed in which to file a first amended complaint.
IT IS SO ORDERED.
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