Summary
The United States District Court for the Eastern District of California granted Sylvia Avilez Florez’s application to proceed in forma pauperis in an action seeking review of the Commissioner of Social Security’s denial of disability benefits. The court found the complaint timely, jurisdictionally sufficient, and cognizable under 42 U.S.C. § 405(g). The court directed the Clerk to issue a summons, scheduling order, and consent or reassignment documents.
Holdings
- Plaintiff satisfied the requirements of 28 U.S.C. § 1915(a), and the application to proceed in forma pauperis was granted.
- The complaint stated a cognizable claim for review of the administrative decision denying Social Security benefits and supplemental income.
- The complaint was timely, and the court had jurisdiction over the action.
Questions Presented
- Whether Plaintiff satisfied the requirements to proceed in forma pauperis under 28 U.S.C. § 1915(a).
- Whether the complaint stated a cognizable and timely claim for judicial review of the Commissioner's final Social Security decision.
- Whether the court had jurisdiction over the action under 42 U.S.C. § 405(g).
Disposition
other
Cases Cited (6)
- Denton v. Hernandez, 504 U.S. 25, 32-33 (1992)(followed)
- Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009)(followed)
- Ivey v. Board of Regents, 673 F.2 266, 268 (9th Cir. 1981)(followed)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556, 570 (2007)(followed)
- Lopez v. Smith, 203 F.3d 1122, 1127-28 (9th Cir. 2000) (en banc)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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