Martha

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GEORGE MARTHA, Case No. 23-cv-00420-AGT

Plaintiff,

ORDER ON MOTION FOR

v. SUMMARY JUDGMENT

SOCIAL SECURITY Re: Dkt. No. 16

ADMINISTRATION,

Defendant.

The Commissioner moved to dismiss plaintiff’s pro se complaint. See Dkt. 16. Be- cause the Commissioner relied on materials outside the complaint, the Court converted the motion to a motion for summary judgment. See Dkt. 19. The Court allowed the parties to supplement the record. See id. The parties chose not to do so. The Court is now prepared to rule on the motion. The Court grants the motion for the following reasons. * * * First, to the extent plaintiff seeks judicial review of the Appeals Council’s December 23, 2020, denial of his request for review of an unfavorable ALJ decision, the claim is time- barred. The 60-day statute of limitations expired nearly two years before plaintiff filed his complaint in this case on January 27, 2023. See 20 C.F.R. § 422.210(c) (explaining that a civil action “must be instituted within 60 days after the Appeals Council’s notice of denial of request for review of the…