United States District Court, N.D. California
ORDER OF DISMISSAL
C. SPERO, CHIEF MAGISTRATE JUDGE.
alleged in his original civil rights complaint that the
Social Security Administration failed to notify him that his
Social Security number had been misused.The complaint was
dismissed for failure to state a claim for relief.
amended complaint, the subject of this order, similarly fails
to state a claim. Accordingly, this federal civil rights
action is DISMISSED.
Standard of Review
“complaint must contain sufficient factual matter,
accepted as true, to 'state a claim to relief that is
plausible on its face.'” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)).
“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.” Id. (quoting
Twombly, 550 U.S. at 556). Furthermore, a court
“is not required to accept legal conclusions cast in
the form of factual allegations if those conclusions cannot
reasonably be drawn from the facts alleged.” Clegg
v. Cult Awareness Network, 18 F.3d 752, 754-55 (9th Cir.
alleged in his original complaint that his “Social
Security number has been used wrongfully for filing taxes,
for which I did not give permission to file.” (Compl.
at 3.) He further alleged that “The Social Security
Administration . . . has not contacted me regarding these
incidents that occur[r]ed” in 2014, 2015, and 2016.
allegations were insufficient to state a claim for relief.
First, plaintiff failed to show any liability on the part of
the Social Security Administration (“SSA”). It
appears that some person or persons misused his Social
Security number (“SSN”). The fault, therefore,
lies with such persons, not with the SSA.
plaintiff did not identify any law that requires that the SSA
contact him when fraudulent use of his SSN occurs. The Court
directed plaintiff to identify in his amended complaint what
law or legal theory forms the basis of the SSA's
plaintiff's allegations were bare of specifics, such as
what amounts he believes are owed to him because of the
misuse of his SSN. The Court directed plaintiff to provide
greater detail in his amended complaint.