United States District Court, D. Nebraska
MEMORANDUM AND ORDER
R. ZWART, UNITED STATES MAGISTRATE JUDGE.
matter is before the court on initial review of Plaintiff
Roger Allen Rickman's Complaint (Filing No. 1).
For the following reasons, the court finds Plaintiff's
complaint fails to state a claim. Plaintiff will be given
leave to an amended complaint that states a claim upon which
relief may be granted.
filed his complaint on December 13, 2016 against
“Federal Sociol Security [departments]” in all
states. (Filing No. 1 at CM/ECF p. 2). On August 7,
2017, Plaintiff filed a 3-page supplement in addition to his
Complaint. (Filing No. 10). For the most part, the
supplement is repetitive and nonsensical. But the undersigned
finds that certain portions add to or create context for
Plaintiff's complaint. Accordingly, out of an abundance
of caution, and in order to ensure a just and fair resolution
of this matter, the court will consider Plaintiff's
additional filing as supplemental to the Complaint.
See NECivR 15.1(b) (stating that in pro se cases,
the court may consider an amended pleading as supplemental to
the original pleading, rather than as superseding); see
also Coleman v. Correct Care Solutions, 559
Fed.Appx. 601, 602 (8th Cir. 2014) (citations omitted).
makes a claim on behalf of all social security
disability recipients in the United States. He argues all
disability benefits recipients should receive “no less
than $1, 500 a month” in benefits. (Filing No. 1 at
CM/ECF pp. 5, 6; Filing No. 10). Plaintiff
includes himself in this argument stating that he receives
monthly payments of $666.00 which is not sufficient for him
to live on. (Filing No. 1 at CM/ECF p. 5).
additionally claims his disabled mother was denied Social
Security benefits from 1974-1979 which caused him personal
suffering and hardship as a child. (Filing No. 1 at
CM/ECF pp. 5, 6; Filing No. 10 at CM/ECF p. 1).
relief, Plaintiff requests monetary damages in the amount of
ON INITIAL REVIEW
court is required to review prisoner and in forma pauperis
complaints seeking relief against a governmental entity or an
officer or employee of a governmental entity to determine
whether summary dismissal is appropriate. See 28 U.S.C.
§§ 1915(e) and 1915A. The court must
dismiss a complaint or any portion thereof that states a
frivolous or malicious claim, 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)(B); 28 U.S.C. § 1915A.
plaintiffs must set forth enough factual allegations to
“nudge their claims across the line from conceivable
to plausible, ” or “their complaint must be
dismissed.” Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 569-70 (2007); see also Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (“A claim has
facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged.”).
essential function of a complaint under the Federal Rules of
Civil Procedure is to give the opposing party ‘fair
notice of the nature and basis or grounds for a claim, and a
general indication of the type of litigation
involved.'” Topchian v. JPMorgan Chase Bank,
N.A., 760 F.3d 843, 848 (8th Cir. 2014) (quoting
Hopkins v. Saunders, 199 F.3d 968, 973 (8th Cir.
1999)). However, “[a] pro se complaint must be
liberally construed, and pro se litigants are held to a
lesser pleading standard than other parties.”
Topchian, 760 F.3d at 849 (internal quotation marks
and citations omitted).
plaintiff generally must assert his own legal rights and
interests, and cannot rest his claim to relief on the legal
rights or interests of third parties.” Warth v.
Seldin, 422 U.S. 490, 499 (1975). Additionally, a
litigant may bring his own claims to federal court without
counsel, but not the claims of others. See 28 U.S.C.
§ 1654; see also 7A Wright, Miller & Kane,
Federal Practice and Procedure: Civil 3d § 1769.1
(“class representatives cannot appear pro se”).
Plaintiff cannot assert the social security benefits claims
of third parties, including his mother and all others
receiving social ...