The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
ORDER GRANTING PLAINTIFF‟S MOTION TO PROCEED IN FORMA PAUPERIS (Doc. 8) ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND
Jasmine Roesing, Plaintiff‟s guardian ad litem, seeks judicial review of a determination of the Social Security Administration, denying benefits to the minor plaintiff. The action was initiated on May 24, 2012 (Doc. 1), and on June 12, 2012, Ms. Roesing filed a motion to proceed in forma pauperis (Doc. 12). For the following reasons, the motion is GRANTED, and the complaint DISMISSED with leave to amend.
I. Proceeding in forma paueris
The Court may authorize the commencement of an action without prepayment of fees "but a person who submits an affidavit that includes a statement of all assets such person . . . possesses [and] that the person is unable to pay such fees or give security therefor." 28 U.S.C. § 1915(a). The Court has reviewed the application and has determined Ms. Roesing satisfies the requirements of 28 U.S.C. § 1915(a). Therefore, the motion to proceed in forma pauperis is GRANTED.
II. Screening Requirement 2
When an individual is proceeding in forma pauperis, the Court is
required to review the
complaint, and shall dismiss the case at any time if the Court
determines that the allegation of poverty 4 is untrue, or the action
or appeal is "frivolous, malicious or fails to state a claim on which
relief may 5 be granted; or . . . seeks monetary relief against a
defendant who is immune from such relief." 28 6
U.S.C. 1915(e)(2). In addition, the Court may dismiss an action sua
sponte if it lacks jurisdiction over 7 the matter. Fielder v. Clark,
714 F.2d 77, 78-79 (9th Cir. 1983). 8
III. Pleading Standards 9
General rules for pleading complaints are governed by the Federal Rules of Civil Procedure. A pleading stating a claim for relief must include a statement affirming the court‟s jurisdiction, "a short and plain statement of the claim showing the pleader is entitled to relief; and . . . a demand for the relief sought, which may include relief in the alternative or different types of relief." Fed. R. Civ. P. 8(a).
A complaint must give fair notice and state the elements of the plaintiff‟s claim in a plain and succinct manner. Jones v. Cmty Redevelopment Agency, 733 F.2d 646, 649 (9th Cir. 1984). The purpose of the complaint is to give the defendant fair notice of the claims against him, and the grounds upon which the complaint stands. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002). The Supreme Court explained,
Rule 8 does not require detailed factual allegations, but it demands more than an unadorned, the-defendant-unlawfully-harmed-me unlawfully accusation. A pleading that offers labels and conclusions or a formulaic recitation of the elements of a cause of action will not do. Nor does a complaint suffice if it tenders naked assertions devoid of further factual enhancement.
Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (internal quotation marks and citations omitted). Conclusory and vague allegations do not support a cause of action. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). The Court clarified further,
[A] complaint must contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face." [Citation]. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. [Citation].
The plausibility standard is not akin to a "probability requirement," but it asks for more than a sheer possibility that a defendant has acted unlawfully. [Citation]. Where a complaint pleads facts that are "merely consistent with" a defendant‟s liability, it "stops short of the line between possibility and plausibility of "entitlement to relief.
Iqbal, 129 S. Ct. at 1949. When the factual allegations are well-pled, a court should assume their truth 5 and determine whether the facts would make the plaintiff entitled to relief; conclusions in the pleading 6 are not entitled to the same assumption of truth. Id. If the Court determines that the complaint fails to 7 state a cognizable claim, the Court may grant leave to amend to the extent that deficiencies ...