United States District Court, E.D. California
ORDER GRANTING PLAINTIFF'S MOTION TO PROCEED IN
FORMA PAUPERIS (Doc. 2) ORDER DISMISSING COMPLAINT WITH LEAVE
JENNIFER L. THURSTON, Magistrate Judge.
Kenneth John Kluthe seeks to proceed pro se and
in forma pauperis with an action seeking judicial
review of a decision rendered by the Social Security
Administration to deny his application for benefits. (Docs.
1-2) For the reasons set forth below, Plaintiff's motion
to proceed in forma pauperis is GRANTED, and his
complaint is DISMISSED with leave to amend.
Proceeding in forma pauperis
Court may authorize the commencement of an action without
prepayment of fees "buy 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. Â§
1915(a). The Court reviewed the application and finds
Plaintiff satisfies the requirements of 28 U.S.C. Â§ 1915(a).
Therefore, Plaintiff's motion to proceed in forma
pauperis is GRANTED.
individual seeks to proceed in forma pauperis, the
Court is required to review the complaint and shall dismiss a
complaint, or portion of the complaint, if it is
"frivolous, malicious or fails to state a claim upon
which relief may be granted; or... seeks monetary relief from
a defendant who is immune from such relief." 28 U.S.C. Â§
1915A(b); 28 U.S.C. Â§ 1915(e)(2). A plaintiff's claim is
frivolous "when the facts alleged rise to the level of
the irrational or the wholly incredible, whether or not there
are judicially noticeable facts available to contradict
them." Denton v. Hernandez, 504 U.S. 25, 32-33
rules for pleading complaints are governed by the Federal
Rules of Civil Procedure. A pleading 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).
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
Rule 8 does not require detailed factual allegations, but it
demands more than an unadorned,
the-defendant-unlawfully-harmed-me 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, 556 U.S. 662, 678-79 (2009)
(internal quotation marks and citations omitted). Vague and
conclusory 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, 556 U.S. at 679 (citations omitted). When
factual allegations are well-pled, a court should assume
their truth and determine whether the facts would make the
plaintiff entitled to relief; legal conclusions are not
entitled to the same assumption of truth. Id. The
Court may grant leave to amend a complaint to the extent
deficiencies of the complaint can be cured by ...