United States District Court, E.D. California
ORDER TO PLAINTIFF TO SHOW CAUSE WHY THE ACTION
SHOULD NOT BE DISMISSED
Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE
Keith Williams seeks judicial review of the administrative
decision denying his application for Social Security
benefits. (Doc. 4) For the reasons set forth below, Plaintiff
is ORDERED to show cause in writing why the action should not
as here, a plaintiff proceeds 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 action
is “frivolous, malicious or 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). The Court must screen Plaintiff's
First Amended Complaint because an amended complaint
supersedes the previously filed complaints. See Forsyth
v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997);
King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987).
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 Supreme Court noted,
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.
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
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 an amendment.
Lopez v. Smith, 203 F.3d 1122, 1127-28 (9th Cir.
2000) (en banc).
Jurisdiction and the Statute of Limitations
seeks review of a decision by the Commissioner of Social
Security denying disability benefits. (Doc. 1) The Court
would have jurisdiction pursuant to 42 U.S.C. § 405(g),
which provides in relevant part:
Any individual, after any final decision of the Commissioner
made after a hearing to which he was a party, irrespective of
the amount in controversy, may obtain a review of such
decision by a civil action commenced within sixty
days after the mailing to him of such decision or within such
further time as the Commissioner may allow.
Such action shall be brought in the district court of the
United States for the judicial district in which the
plaintiff resides, or has his principal place of business . .
. The court shall have power to enter, upon the pleadings and
transcript of the record, a ...