(SS)Gonzales

(SS)Gonzales v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaDecember 20, 20211:20-cv-00517California660 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOSEPH RICHARD GONZALES, ) Case No.: 1:20-cv-0517 JLT ) Plaintiff, ) ORDER DISMISSING THE ACTION WITHOUT ) PREJUDICE v. )

KILOLO KIJAKAZI1, ) Acting Commissioner of Social Security, ) ) Defendant. ) )

Joseph Richard Gonzalez initiated this action seeking judicial review of a decision denying his application for Social Security benefits. (Doc. 1) On April 26, 2021, Joseph Peña, counsel for Mr. Gonzales, filed a notice of “Suggestion of Death,” in which he indicated the Social Security Administration had informed counsel that “the Plaintiff had passed away.” (Doc. 15 at 1.) The Court ordered “[a]ny motion to substitute a party as plaintiff SHALL be filed no later than July 15, 2021,” pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure. (Doc. 16 at 2, emphasis omitted.) On July 19, 2021, the Court noted a motion had not been filed and ordered…

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