United States District Court, E.D. California
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND (ECF
23, 2017, Plaintiff Kayla Dando, appearing pro se and in
forma pauperis, filed this social security action. (ECF No.
district court must perform a preliminary screening and must
dismiss a case if at any time the Court determines that the
complaint fails to state a claim upon which relief may be
granted. 28 U.S.C. § 1915(e)(2); see Lopez v.
Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (section
1915(e) applies to all in forma pauperis complaints, not just
those filed by prisoners). In determining whether a complaint
fails to state a claim, the Court uses the same pleading
standard used under Federal Rule of Civil Procedure 8(a). A
complaint must contain “a short and plain statement of
the claim showing that the pleader is entitled to relief. . .
.” Fed.R.Civ.P. 8(a)(2). Detailed factual allegations
are not required, but “[t]hreadbare recitals of the
elements of a cause of action, supported by mere conclusory
statements, do not suffice.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (citing Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)).
Under Rule 8(a)(1) of the Federal Rules of Civil
Procedure, a complaint must set forth a “short and
plain statement of the grounds for the court's
jurisdiction.” In reviewing the pro se complaint, the
Court is to liberally construe the pleadings and accept as
true all factual allegations contained in the complaint.
Erickson v. Pardus, 551 U.S. 89, 94 (2007). Although
a court must accept as true all factual allegations contained
in a complaint, a court need not accept a plaintiff's
legal conclusions as true. Iqbal, 556 U.S. at 678.
“[A] complaint [that] pleads facts that are
‘merely consistent with' a defendant's
liability . . . ‘stops short of the line between
possibility and plausibility of entitlement to
relief.'” Iqbal, 556 U.S. at 678 (quoting
Twombly, 550 U.S. at 557). Therefore, the complaint
must contain sufficient factual content for the court to draw
the reasonable conclusion that the defendant is liable for
the misconduct alleged. Iqbal, 556 U.S. at 678.
the court may dismiss a claim as factually frivolous when the
facts alleged lack an arguable basis in law or in fact or
embraces fanciful factual allegations. Neitzke v.
Williams, 490 U.S. 319, 325 (1989). Further, a claim can
be dismissed where a complete defense is obvious on the face
of the complaint. Franklin v. Murphy, 745 F.2d 1221,
1228 (9th Cir. 1984).
indicates that she is bringing this complaint based on Title
XVI of the Americans with Disabilities Act
(“ADA”) because the Social Security
Administration (“SSA”) is denying her equal
access to benefits that she is qualified to receive. (ECF No.
1 at 4-5.) She contends that she has submitted adequate
documentation to the SSA over a lengthy period of time that
supports her contention and that she was denied due process.
(ECF No. 1 at 5.)
Plaintiff refers to Title XVI of the ADA, there is no Title
XVI of the ADA. See 42 U.S.C. § 12101 et
seq. Liberally construing Plaintiff's complaint, it
appears that Plaintiff is bringing this action because she
was denied benefits under Title XVI of the Social Security
Act. Title XVI of the Social Security Act allows claimants to
apply for supplemental security income. 42 U.S.C.
§§ 1381-1383f. Title II of the Social Security Act
allows claimants to apply for a period of disability and
disability insurance benefits. 42 U.S.C. §§
Court will first address the requirements for a claim based
on the denial of benefits under Title II and/or Title XVI of
the Social Security Act. The Court will then address
Plaintiff's claim that she was denied due process by the
Review of a Final Decision of the Commissioner of Social
extent that Plaintiff is challenging a final decision of the
Commissioner of Social Security under Title II and/or Title
XVI of the Social Security Act, the Court will address the
requirements to state a claim, including timeliness,
exhaustion, and factual allegations sufficient to state a
Timeliness and Exhaustion Pursuant to 42 ...