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26 F. App'x 341

Thornton v. Billett

U.S. Courts of Appeals

Decided February 7, 2002

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U.S. Courts of Appeals · decided 2002-02-07

Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Schweiker v. Chilicky

Decided 2002-02-07

PER CURIAM.

¶1 Robert Edward Thornton, Jr., seeks to appeal the district court’s order dismissing his civil action alleging that the Appellees improperly handled his social security case. Finding no reversible error, we affirm.

¶2 We find that the action is most properly construed as one under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). As noted by the district court, Thornton does not specify any claim against the Appellees other than that they improperly handled his application for social security benefits and improperly evaluated him. Even if we liberally construe his complaint to allege due process violations, we find that Thornton fails to state a claim upon which relief may be granted under Bivens. See Schweiker v. Chilicky, 487 U.S. 412, 428-29, 108 S.Ct. 2460, 101 L.Ed.2d 370 (1988).

¶3 Accordingly, we affirm the district court’s order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶4 AFFIRMED.

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