Rivas

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7

NORTHERN DISTRICT OF CALIFORNIA

8

9

10 PRISCILLA C. RIVAS, 11 Plaintiff, No. C 23-03324 WHA

12 v.

13 KILOLO KIJAKAZI, ACTING ORDER DENYING LEAVE

COMMISSIONER OF THE SOCIAL TO AMEND

14 SECURITY ADMINISTRATION, 15 Defendant.

16 17 A prior order granted defendant’s motion to dismiss (Dkt. No. 17). That order dismissed 18 the action under Rule 12(b)(1) for failure to exhaust because there was no final decision of the 19 Commissioner of Social Security subject to review under 42 U.S. Code Section 405(g). With 20 respect to plaintiff’s assertion that her claims should proceed independent of her request for 21 judicial review under Section 405(g), the order held that dismissal under Rule 12(b)(1) would 22 still be warranted because plaintiff characterized those claims as part of her request for judicial 23 review and, even if asserted separately, they would not survive dismissal under Rule 12(b)(6). 24 But the order allowed plaintiff to seek leave to amend by motion to plead those claims 25 separately from…