Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Donald Lein v. Michael J. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 9, 2012

DONALD LEIN, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Defendant has filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). Defendant contends plaintiff has failed to exhaust administrative remedies because plaintiff did not file an appeal with the Appeals Council seeking review of the decision of the Administrative Law Judge. Plaintiff has filed a statement of non-opposition in which plaintiff concedes that administrative remedies have not been exhausted. This court accordingly does not have subject matter jurisdiction over this action. See Califano v. Sanders, 430 U.S. 99, 108 (1977).

Accordingly, IT IS HEREBY ORDERED that:

1. Defendant's motion to dismiss for lack of subject matter jurisdiction (dkt. no. 13) is granted.

2. The Clerk of Court is directed to close this action.

20121009

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.