(SS) Celedon v. Commissioner of Social Security

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 MARY ANN CELEDON, Case No. 1:21-cv-00477-CDB

9 Plaintiff, ORDER TO SHOW CAUSE WHY THIS

ACTION SHOULD NOT BE DISMISSED FOR

10 v. LACK OF SUBJECT MATTER

JURISDICTION

11 COMMISSIONER OF SOCIAL SECURITY,1 (Doc. 1) 12 Defendant. 14-Day Deadline 13 14 15 I. BACKGROUND 16 On March 22, 2021, Plaintiff Mary Ann Celedon (“Plaintiff”) filed a complaint pursuant 17 to 42 U.S.C. § 405(g) and 42 U.S.C. § 1383(c)(3) seeking review of the decision of the 18 Commissioner of Social Security (“Commissioner” or “Defendant”) denying her application for 19 benefits under the Social Security Act. (Doc. 1). Plaintiff alleged the “Notice of Appeals Council 20 dated February 14, 2021 gave plaintiff an additional 30 days, plus five (5) days for delivery by 21 mail, to file a Civil Action,” such that her complaint was timely. (Id. at 1-2). 22 On February 14, 2022, the Commissioner lodged the Administrative Record (“AR”) and 23 an accompanying certification that it was…