Rivas
Rivas v. Kojakazi
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…