Sackett

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 HARVEY P. SACKETT, Case No. 22-cv-06081-AGT Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS WITH LEAVE TO AMEND KILOLO KIJAKAZI, Re: Dkt. No. 10 Defendant. The Commissioner’s motion to dismiss is granted in full for the reasons stated on the || record at the January 27, 2023, hearing. Dismissal is with leave to amend. Any amended E || complaint must be filed within 14 days of this order. The amendment must identify an express || waiver of sovereign immunity by the United States. See Rattlesnake Coal. v. U.S. E.P.A., 509 || F.3d 1095, 1103 (9th Cir. 2007) (“The United States must waive its sovereign immunity before a || federal court may adjudicate a claim brought against a federal agency.”); see also Smith v. Grimm, i || 534 F.2d 1346, 1352 n.9 (9th Cir. 1976) (“The mandamus statute, 28 U.S.C. § 1361, is not a Z || consent to suit by the sovereign.); People with…