Rivera v. Carloyn Colvin, Commissioner, Social Security Administration

Justia Dockets & Filings Second Circuit New York Southern District Rivera v. Carloyn Colvin, Commissioner, Social Security Administration

Rivera v. Carloyn Colvin, Commissioner, Social Security Administration

Plaintiff:	Jannette Rivera
Defendant:	Carloyn Colvin, Commissioner, Social Security Administration
Case Number:	1:2015cv07689
Filed:	September 30, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Katherine B. Forrest
Nature of Suit:	Supplemental Security Income
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
October 19, 2015	Filing 6 MEMORANDUM OPINION & ORDER: The Court has serious concerns about whether plaintiff's Complaint meets the pleading requirements of Fed. R. Civ. P. 8(a)(2) as set forth in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iq bal, 556 U.S. 662 (2009). Rule 8(a) requires that pleadings contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a). In the instant Complaint, plaintiff recites the procedur al posture of her case and states that administrative law judge's decision "was erroneous, not supported by substantial evidence on the record and/or contrary to the law." (Compl. at 8.) The Court cautions plaintiff that she must do more than merely demonstrating that she has met the jurisdictional requirements set forth in 23 U.S.C. § 405(g). "While Twombly does not require heightened fact pleading of specifics, it does require enough facts to "nudge plainti ffs' claims across the line from conceivable to plausible." In re Elevator Antitrust Litig., 502 F.3d 47, 50 (2d Cir. 2007) (alternations omitted). If plaintiff wishes to amend her complaint, she may do so according to Rule 15 of th e federal Rules of Civil Procedure. The Clerk of Court is also directed to amend the caption of the complaint to list "Carolyn Colvin, Commissioner, Social Security Administration" as the defendant to this action. (Signed by Judge Katherine B. Forrest on 10/19/2015) (mro)

Date Filed

Document Text

October 19, 2015

Filing 6 MEMORANDUM OPINION & ORDER: The Court has serious concerns about whether plaintiff's Complaint meets the pleading requirements of Fed. R. Civ. P. 8(a)(2) as set forth in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iq bal, 556 U.S. 662 (2009). Rule 8(a) requires that pleadings contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a). In the instant Complaint, plaintiff recites the procedur al posture of her case and states that administrative law judge's decision "was erroneous, not supported by substantial evidence on the record and/or contrary to the law." (Compl. at 8.) The Court cautions plaintiff that she must do more than merely demonstrating that she has met the jurisdictional requirements set forth in 23 U.S.C. § 405(g). "While Twombly does not require heightened fact pleading of specifics, it does require enough facts to "nudge plainti ffs' claims across the line from conceivable to plausible." In re Elevator Antitrust Litig., 502 F.3d 47, 50 (2d Cir. 2007) (alternations omitted). If plaintiff wishes to amend her complaint, she may do so according to Rule 15 of th e federal Rules of Civil Procedure. The Clerk of Court is also directed to amend the caption of the complaint to list "Carolyn Colvin, Commissioner, Social Security Administration" as the defendant to this action. (Signed by Judge Katherine B. Forrest on 10/19/2015) (mro)

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Plaintiff: Jannette Rivera
Represented By:	Daniel Berger
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Defendant: Carloyn Colvin, Commissioner, Social Security Administration
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