Smith v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION 7 DAVID SMITH, Case No. 18-cv-07798-RMI
Plaintiff,
ORDER GRANTING SECOND
v. MOTION TO DISMISS
COMMISSIONER OF SOCIAL Re: Dkt. No.
SECURITY,
12 Defendant. 13 Now pending before the court is Defendant’s Second Motion to Dismiss (dkt. 21) Plaintiff’s First Amended Complaint (“FAC”) (dkt. 20) for failure to timely file. The court granted Plaintiff’s request that his FAC serve as his response (dkt. 25), and Defendant has replied (dkt. 26). Both parties have consented to the jurisdiction of a magistrate judge (dkts. 3 & 11). For the reasons stated below, the court grants the motion without leave to amend. BACKGROUND On June 24, 2015, Plaintiff protectively filed for disability benefits under Titles II and XVI alleging a disability onset date of June 30, 2014. See Voegle Decl. Ex. 1 (dkt. 21-1) at 9. On January 30, 2018, the administrative law judge…