(SS) Caraceni Francione v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

9 PABLO CARACENI FRANCIONE, Case No. 1:23-cv-00344-BAM 10 Plaintiff, ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN DISTRICT JUDGE TO v. ACTION

SOCIAL SECURITY FINDINGS AND RECOMMENDATIONS

ADMINISTRATION – FRESNO REGARDING DEFENDANT’S MOTION TO

DISTRICT, DISMISS

14 Defendant. (Doc. 15)

FOURTEEN-DAY DEADLINE

16 17 Plaintiff Pablo Caraceni Francione, proceeding pro se and in forma pauperis, filed a 18 complaint on March 8, 2023, alleging that he was the recipient of monthly social security income 19 benefits under Title XVI of the Social Security Act, but those benefits were terminated beginning 20 July 2022. (Doc. 1.) Currently before the Court is Defendant Kilolo Kijakazi, Acting 21 Commissioner of Social Security’s 2 (hereinafter “Defendant”) motion to dismiss for lack of 22 jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). (Doc. 15.) Defendant contends 23 that Plaintiff has failed to exhaust his administrative…