Rivas

Rivas v. Kojakazi

Good Law
United States District Court, Northern District of CaliforniaNovember 17, 20233:23-cv-03324California1,038 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

PRISCILLA C. RIVAS, Plaintiff, No. C 23-03324 WHA

v.

KILOLO KIJAKAZI, ACTING ORDER GRANTING MOTION

COMMISSIONER OF THE SOCIAL TO DISMISS

SECURITY ADMINISTRATION, Defendant.

16 In this social security case, defendant moves to dismiss plaintiff’s first amended complaint under Rules 12(b)(1) and 12(b)(6). For the following reasons, defendant’s motion to dismiss is GRANTED. Plaintiff’s first amended complaint seeks judicial review of a May 2023 ALJ decision under Section 405(g) of the Social Security Act. But Section 405(g) provides for judicial review “after any final decision of the Commissioner of Social Security.” And, failure to exhaust the procedures set out in Section 405(g) deprives the district court of jurisdiction. Bass v. Soc. Sec. Admin., 872 F.2d 832, 833 (9th Cir. 1989). According to defendant, plaintiff pleads no final decision and, as such, there is no final decision subject to judicial review. This…

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