Ernedina Madrigal v. Commissioner of Social Security

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERNEDINA MADRIGAL, Case No. 1:24-cv-0415 JLT SKO 12 Plaintiff, ORDER ADOPTING IN PART THE

FINDINGS AND RECOMMENDATIONS,

13 v. GRANTING DEFENDANT’S MOTION TO

DISMISS, DISMISSING THE ACTION

14 COMMISSIONER OF SOCIAL WITHOUT PREJUDICE, AND DIRECTING

SECURITY, THE CLERK OF COURT TO CLOSE THE

15 CASE Defendants. 16 (Docs. 11, 13) 17 18 Ernedina Madrigal proceeds pro se in this matter, asserting the Social Security 19 Administration is wrongfully withholding the entirety of her disability benefits “and putting them 20 towards an over payment.” (Doc. 1 at 2.) Plaintiff does not challenge the overpayment 21 determination, or the finding that she must repay the overpayment. (See generally Doc. 1.) 22 Rather, Plaintiff requests the Court “order[] social security to not take the full benefit payments.” 23 (Id. at 2.) 24 Defendant seeks dismissal, asserting “Plaintiff does not have a…