Ibarra
Ibarra v. Martin O'Malley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NICOLAS IBARRA, Case No. 23-cv-01037-SI
Plaintiff,
ORDER GRANTING DEFENDANT’S
v. MOTION TO DISMISS, WITH LEAVE
TO AMEND
KILOLO KIJAKAZI, Re: Dkt. No. 13 Defendant.
12 Defendant has filed a motion to dismiss plaintiff’s second amended complaint. Dkt. No. 13. Pursuant to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument and VACATES the hearing scheduled for July 7, 2023. For the reasons set forth below, the Court GRANTS defendant’s motion, with leave to amend. Plaintiff shall file the third amended complaint no later than July 19, 2023. 18 BACKGROUND I. Factual Allegations1 Plaintiff Nicolas Ibarra, who is represented by counsel, is an individual with acute and chronic schizophrenia. SAC ¶ 6. On September 19, 2017, plaintiff applied for Supplemental Security Income (“SSI”). Id. He received his first SSI check nearly two years…