U.S. District Court, Northern District of New York Case Summaries:

Daily Record (Rochester, NY), Sep 26, 2008

Pleading Defects

Roy v. U.S.

08-CV-455

Judge Sharpe

Background: The plaintiff wishes, among numerous and illegible other demands, to postpone the presidential election. One of the few legible phrases in the complaint claims the election process violates the laws and Constitution. Another states democracy has been captured by the powerful and is in peril. At issue before the court is whether the plaintiff's amended complaint should be dismissed for failure to comply with the court's May 20 order directing him to file an amended complaint in compliance with Federal Rules of Civil Procedure 8 and 10. The complaint was made on a preprinted form in illegible handwriting with notations in no particular order in the margins and between lines. The magistrate judge had noted "it remains impossible to discern from Roy's pleadings the precise -- or even approximate -- claims he seeks to assert."

Ruling: The court finds the plaintiff failed to correct the defects in his pleadings and it is impossible to discern what claims, if any, he asserts. Rule 8(a) requires a short and plain statement of the claim showing the pleader is entitled to relief. The case is dismissed.

Kamal Karna Roy, pro se

Social Security

Gladle v. Astrue

05-CV-797

Judge Mordue

Background: The plaintiff's application for disability benefits was denied and action was brought to obtain judicial review of the denial. The plaintiff was 54 years old at the time of the hearing. She had completed high school and a vocational course in cosmetology. Her past relevant work was as a circuit board tester, assembler and solder technician. The plaintiff alleges disability due to degenerative disc disease, spinal stenosis and depression. The ALJ found that, while her impairments are severe, they do not meet the requirements of the regulations. She was found to have residual capacity to "lift, carry, push and pull 20 pounds occasionally and 10 pounds frequently, stand 15 minutes at a time for a total of two hours in an eight-hour work day, walk 30 minutes at a time for a total of two hours in an eight-hour work day and sit 30 minutes at a time for a total of six hours in an eight-hour work day." Both parties moved for judgment.

Ruling: The court notes the ALJ's finding that the plaintiff's full allegations of pain are not credible because they were not consistent with the objective medical evidence as well as the plaintiff's testimony as to her daily activities. The court also finds, however, that the ALJ should have obtained additional evidence, such as the testimony of a vocational expert, in order to accurately determine the plaintiff's ability to perform other work existing in significant numbers in the national economy. The plaintiff's motion is granted, therefore, and the case is remanded for further administrative factfinding.

Lawrence D. Hasseler of Conboy, McKay, Bachman & Kendall LLP for the plaintiff and William H. Pease, U.S. Attorney's Office, for the defendant