Ibarra
Ibarra v. Martin O'Malley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NICOLAS IBARRA, et al., Case No. 23-cv-01037-SI
Plaintiffs,
ORDER DENYING DEFENDANT’S
v.
MOTION TO DISMISS
SSA (INTERESTED PARTY / NEF), et al., Re: Dkt. No. 153 Defendants.
12 On February 21, 2025, the government filed a motion to dismiss this Social Security action for lack of subject matter jurisdiction. Dkt. No. 153. The Court found the matter appropriate for resolution without oral argument, vacated the hearing, and ordered the parties to file a joint status report by April 18, 2025, regarding the status of plaintiff Nicolas Ibarra’s release from county custody and the status of his state court criminal proceedings. Dkt. No. 157. The parties have now filed their joint statement, and on May 1, 2025, plaintiff filed an update to the statement. Dkt. Nos. 158, 159. 20 DISCUSSION The Court will DENY defendant’s motion to dismiss. This case, which has been pending since 2023, involves both an appeal from a…