Kimmons

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRANLETT EUGENE KIMMONS, Case No. 22-cv-04447-JSC

Plaintiff, ORDER GRANTING MOTION TO

DISMISS

v. 9 Re: Dkt. No. 17 KILOLO KIJAKAZI, Defendant.

12 Plaintiff, representing himself, filed this action seeking judicial review of a decision by the 13 Commissioner of Social Security. (Dkt. No. 1.1) The Commissioner thereafter filed the now 14 pending motion to dismiss for lack of jurisdiction under Federal Rule of Civil Procedure 12(b)(1). 15 (Dkt. No. 10.) Plaintiff did not file a response to the motion to dismiss, and instead, filed a notice 16 of appeal to the Ninth Circuit Court of Appeals indicating he was seeking review of the 17 “scheduling order social security review action.” (Dkt. No. 11 at 5.) The Ninth Circuit Court of 18 Appeals dismissed the appeal for lack of jurisdiction, noting this Court has “not issued any orders 19 that are final or appealable.” (Dkt. No. 13.) On December 19, 2022, the Court ordered Plaintiff to 20 submit a response to the Commissioner’s motion. (Dkt. N. 14.) Plaintiff did not do so…