Opinion
Civil Action No. 09-cv-1598-AP.
October 26, 2009
ORDER
This matter is before the court on Defendant's Motion to Dismiss Plaintiff's Complaint (doc. #16), filed September 21, 2009. I have reviewed the motion, the supplement, and the responses. The Motion is GRANTED. Plaintiff has not received a "final decision" of the Commissioner as required to obtain judicial review under section 205(g) of the Social Security Act (the Act), 42 U.S.C. § 405(g). Additionally, plaintiff has not alleged any basis for the Court to excuse the failure to exhaust his administrative remedies. Accordingly, the Complaint is DISMISSED for lack of subject matter jurisdiction.