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114 F. App'x 39

Smith v. Barnhart

U.S. Courts of Appeals

Decided November 30, 2004

U.S. Courts of Appeals · decided 2004-11-30

Applies 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)

Decided 2004-11-30

¶1SUMMARY ORDER

¶2UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.

¶3Plaintiff Jack R. Smith (“Smith”) filed this action in 2002, seeking review of the Social Security Administration’s partial denial of his request for benefits. The government moved to dismiss for want of jurisdiction, on the grounds that the plaintiff sought judicial review without first obtaining a “final decision” from the Social Security Commissioner. See 42 U.S.C. § 405(g). The district court (Spatt, J.) dismissed Smith’s claims for want of jurisdiction in a decision dated November 29, 2003.

¶4We agree for substantially the reasons given by the district court that the court lacked jurisdiction to review the plaintiffs claims.

¶5We have considered all of the plaintiffs arguments and find them to be without merit. We therefore AFFIRM the judgment of the district court.

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