Rivera v. Carloyn Colvin, Commissioner, Social Security Administration, No. 1:2015cv07689 - Document 6 (S.D.N.Y. 2015)

Court Description: 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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Rivera v. Carloyn Colvin, Commissioner, Social Security Administration UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X ----------------------------------------------------------------------: JANETTE RIVERA, : : Plaintiff, : : -v: : COMMISSIONER OF SOCIAL SECURITY, : : Defendants. : : ---------------------------------------------------------------------- X Doc. 6 USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: _________________ DATE FILED: October 19, 2015 15-cv-7689 (KBF) MEMORANDUM OPINION & ORDER KATHERINE B. FORREST, District Judge: 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. Iqbal, 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 procedural 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 plaintiffs’ claims across the line from conceivable to plausible.” In re Elevator Antitrust Litig., 502 F.3d 47, 50 (2d Cir. 2007) (alternations omitted). Dockets.Justia.com If plaintiff wishes to amend her complaint, she may do so according to Rule 15 of the 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. SO ORDERED. Dated: New York, New York October 19, 2015 ______________________________________ KATHERINE B. FORREST United States District Judge 2

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