United States District Court, D. Nevada
ORDER APPLICATION FOR LEAVE TO PROCEED IN FORMA
PAUPERIS [ECF NO. 1] AND COMPLAINT [ECF NO. 1-1]
FERENBACH UNITED STATES MAGISTRATE JUDGE
the Court is Plaintiff James Steven Ruiz's Application
for Leave to Proceed in forma pauperis (ECF No. 1)
and complaint (ECF No. 1-1). For the following reasons,
Steven's Application is granted and he may proceed with
FORMA PAUPERIS APPLICATION
28 U.S.C. § 1914(a), a filing fee is required to
commence a civil action in federal court. The Court may
authorize the commencement of an action without prepayment of
fees and costs by a person who submits an affidavit showing
the person is “unable to pay such fees or give security
therefor.” 28 U.S.C. § 1915(a)(1).
“Determination of what constitutes ‘unable to
pay' or unable to ‘give security therefor' and,
therefore whether to allow a plaintiff to proceed in
forma pauperis, is left to the discretion of the
presiding judge, based on the information submitted by the
plaintiff or plaintiffs.” Lasko v. Hampton &
Hampton Collections, LLC, No. 2:15-CV-01110-APG-VCF,
2015 WL 5009787, at *1 (D. Nev. Aug. 21, 2015).
forma in pauperis application states that he is not
currently working. (ECF No. 1 at 1). Ruiz alleges that he
receives a $450 per month pension, but pays $2, 400 per month
in bills and taxes. (Id. at 1-2). Based on the
information Ruiz provided in his application, the Court
grants Ruiz's application.
28 U.S.C. § 1915(e), upon granting a request to proceed
in forma pauperis, a court must screen a complaint.
Specifically, federal courts are given the authority to
dismiss a case if the action is legally frivolous or
malicious, fails to state a claim upon which relief may be
granted, or seeks monetary relief from a defendant who is
immune from such relief. 28 U.S.C. § 1915(e)(2).
“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) (internal quotations and citation
omitted). In considering whether the plaintiff has stated a
claim upon which relief can be granted, all material
allegations in the complaint are accepted as true and are to
be construed in the light most favorable to the plaintiff.
Russell v. Landrieu, 621 F.2d 1037, 1039 (9th Cir.
Complaint arises from a decision by the Commissioner of
Social Security. The Commissioner denied Social Security
benefits to Ruiz after concluding that Ruiz was not disabled.
(ECF No. 1-1 at 2). Ruiz argues that there was no substantial
medical evidence to support this conclusion. (ECF No. 1-1 at
2-3). Specifically, Ruiz asserts that the commissioner
“failed to identify a legally sufficient reason to give
little weight” to a doctor's opinion.
are standards that govern an ALJ's weighing of medical
evidence. Garrison v. Colvin 759 F.3d 995, 1012 (9th
Cir. 2014). “An ALJ errs when he rejects a medical
opinion, or assigns it little weight while…
criticizing it with boilerplate language that fails to offer
a substantive basis for his conclusion.” Id.
at 1012-1013. Construing all material allegations in the
Complaint in the light most favorable to the Plaintiff, the
Plaintiff states a claim upon which relief can be granted.
Ruiz may appeal to this court the Commissioner's denial
of her application for disability insurance benefits. 42
U.S.C. § 405(g). This court has jurisdiction over the
and for good cause shown, IT IS ORDERED that Plaintiff's
Application to Proceed In Forma Pauperis (ECF No. 1)
FURTHER ORDERED that Plaintiff is permitted to maintain the
action to conclusion without the necessity of prepayment of
any additional fees, costs, or security. This order granting
in forma pauperis status does not extend to the
issuance of subpoenas at government expense.
FURTHER ORDERED that the Clerk of the Court file the
Complaint (ECF No. 1-1) and serve the Commissioner of the
Social Security Administration by sending a copy of the
summons and Complaint (ECF No. 1-1) by certified mail to: (1)
the Attorney General of the United States, Department of
Justice, 950 Pennsylvania Avenue, N.W., Room 4400, Washington
D.C. 20530; and (2) Office of Regional Chief Counsel, Region
IX, Social Security Administration, 160 Spear St., Suite 800,
San Francisco, CA 94105-1545.
FURTHER ORDERED that the Clerk of Court issue summons to the
United States Attorney for the District of Nevada and deliver
the summons and Complaint (ECF No. 1-1) to the U.S. Marshal
FURTHER ORDERED that from this point forward, Plaintiff must
serve upon defendant, or his attorney if he has retained one,
a copy of every pleading, motion, or other document submitted
for consideration by the court. Plaintiff must include with
the original paper submitted for filing a certificate stating
the date that a true and correct copy of the document was
mailed to the defendants or their counsel. The court may