(SS)(PS) Beaton v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL NIVARD BENTON, Case No. 2:23-cv-01092-JDP (SS) Plaintiff, ORDER AFTER HEARING GRANTING

DEFENDANT’S MOTION TO DISMISS AND

v. DIRECTING THE CLERK OF COURT TO

CLOSE THIS MATTER

COMMISSIONER OF SOCIAL SECURITY, ECF No. 8 15 Defendant.

17 The parties appeared before me on November 16, 2023, on defendant’s motion to dismiss. 18 ECF No. 8. Plaintiff appeared pro se, and attorney Jeff Staples appeared for defendant 19 Commissioner of Social Security. 20 The complaint alleged that plaintiff was denied access to a Social Security Administration 21 (“SSA”) office in July 2022 because of a ban that had been instituted against him in 2011 for 22 allegedly threatening the Commissioner. ECF No. 1. The complaint sought to overturn the ban 23 and to obtain for plaintiff access to a SSA office. 24 Defendant filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) 25 arguing that plaintiff’s claim became moot when the SSA lifted plaintiff’s…