Kijakazi

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 CATHRINE R LEE, Case No. 21-cv-04045-VKD

Plaintiff,

ORDER RE MOTION TO DISMISS

v. 10 Re: Dkt. No. 11 KILOLO KIJAKAZI, Defendant.

13 On May 27, 2021, plaintiff Cathrine Lee filed this action in federal court. Dkt. No. 1. Ms. Lee alleges that she requested a copy of her disability file and medical records from the Social Security Administration but received no response. Dkt. No. 1 at 1. The Commissioner moves to dismiss Ms. Lee’s complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). Dkt. No. 11. All parties have consented to magistrate judge jurisdiction. Dkt. Nos. 7, 16. The Court finds this matter suitable for determination without oral argument. Civil L.R. 7-1(b). For the reasons explained below, the Court considers the Commissioner’s motion to dismiss as a motion for summary judgment and enters judgment in defendant’s favor. I. LEGAL STANDARD …