Locke v. Astrue

Filing 54

ORDER GRANTING 42 DEFENDANT'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION. Signed by Judge Jeremy Fogel on 9/13/2010. (jflc2, COURT STAFF) (Filed on 9/13/2010)

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Locke v. Astrue Doc. 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On March 25, 2008, Plaintiff, proceeding pro se, filed the complaint in this action alleging wrongful denial of benefits by Defendant. Plaintiff subsequently filed a number of motions, including motions seeking: leave to file a brief [doc. no. 4], judicial notice [doc. no. 6], summary declaratory judgment [doc. no. 8], estoppel re multiple issues [doc. no. 11], hardship relief [doc. no. 12], medical records [doc. no. 14], summary judgment [doc. no. 24], an order striking response [doc. no. 25], summary declaratory judgment [doc. no. 29], entry of default and default judgment [doc. no. 34], findings of fact and conclusions of law [doc. no. 39], and leave to amend his brief [doc. nos. 49, 52]. Defendant has filed a motion to dismiss for lack of subject matter jurisdiction [doc. no. 42]. C a s e No. C 08-1608 JF (HRL) O R D E R GRANTING DEFENDANT'S MOTION TO DISMISS FOR LACK OF SMJ ( JF L C 2 ) **E-Filed 9/13/2010** IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION RONALD A. LOCKE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. Case Number C 08-1608 JF (HRL) ORDER GRANTING DEFENDANT'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION [re: document no. 42] Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On May 12, 2009, the Court issued an order disposing of all pending motions except for Defendant's motion to dismiss for lack of subject matter jurisdiction. The Court directed Plaintiff to file any opposition on or before May 22, 2009. Plaintiff failed to file opposition and in fact has not filed any documents in this case since May 2009. Defendant's motion is welltaken and will be granted for the reasons stated therein. ORDER Defendant's motion to dismiss for lack of subject matter jurisdiction is GRANTED. The Clerk of the Court shall close the file. DATED: 9/13/2010 __________________________________ JEREMY FOGEL United States District Judge 2 C a s e No. C 08-1608 JF (HRL) O R D E R GRANTING DEFENDANT'S MOTION TO DISMISS FOR LACK OF SMJ ( JF L C 2 ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Copies of Order served on: Theophous H Reagans , Jr Ronald A. Locke 977 S. Bascom Avenue San Jose, CA 95128 theophous.reagans@ssa.gov 3 C a s e No. C 08-1608 JF (HRL) O R D E R GRANTING DEFENDANT'S MOTION TO DISMISS FOR LACK OF SMJ ( JF L C 2 )

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