Summary
The United States District Court for the District of Nevada grants Niche Sanders’s application to proceed in forma pauperis in a Social Security disability appeal. The court screens the complaint under 28 U.S.C. § 1915(e), finds that it states a plausible claim challenging the Commissioner’s denial of Disability Insurance Benefits, and directs the complaint to be filed and served.
Holdings
- Sanders adequately demonstrated that she was unable to pay the filing fee or give security, so the court granted her application to proceed in forma pauperis.
- The complaint stated a claim upon which relief could be granted because Sanders alleged that the Commissioner's denial of Disability Insurance Benefits and the Administrative Law Judge's decision were unsupported by the evidence.
Questions Presented
- Whether Sanders demonstrated that she was unable to pay the filing fee and therefore could proceed in forma pauperis.
- Whether Sanders's complaint seeking review of the Commissioner's denial of Disability Insurance Benefits stated a plausible claim and invoked the court's jurisdiction.
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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