Summary
The United States District Court for the District of Nevada grants Martin R.’s application to proceed in forma pauperis and screens his Social Security complaint. The court finds that the complaint plausibly challenges the Commissioner’s denial of Disability Insurance Benefits and directs that it be served under the applicable supplemental rules.
Holdings
- Plaintiff may proceed in forma pauperis because his application was complete and showed unemployment and minimal assets.
- The complaint stated a plausible claim and was not subject to dismissal at the screening stage.
- The district court had jurisdiction to review plaintiff's appeal from the Commissioner's denial of Disability Insurance Benefits.
Questions Presented
- Whether plaintiff should be permitted to proceed in forma pauperis.
- Whether the complaint stated a plausible claim for judicial review of the Commissioner's denial of Disability Insurance Benefits.
- Whether the district court had jurisdiction over plaintiff's Social Security appeal.
Disposition
other
Cases Cited (3)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Russell v. Landrieu, 621 F.2d 1037, 1039 (9th Cir. 1980)(followed)
- Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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