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Smith v. Social Security Administration Department of California

United States District Court, N.D. California

November 7, 2017

ADRIAN REYNARD SMITH, Plaintiff,
v.
SOCIAL SECURITY ADMINISTRATION DEPARTMENT OF CALIFORNIA, et al., Defendants.

          ORDER OF DISMISSAL

          JOSEPH C. SPERO, CHIEF MAGISTRATE JUDGE.

         INTRODUCTION

         Plaintiff alleged in his original civil rights complaint that the Social Security Administration failed to notify him that his Social Security number had been misused.[1]The complaint was dismissed for failure to state a claim for relief.

         The amended complaint, the subject of this order, similarly fails to state a claim. Accordingly, this federal civil rights action is DISMISSED.

         DISCUSSION

         A. Standard of Review

         A “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. 1994).

         B. Legal Claims

         1.Original Complaint

         Plaintiff 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. (Id.)

         These 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.

         Second, 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 liability.

         Third, 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.

         2. ...


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