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Joseph v. Young

United States Court of Appeals, Ninth Circuit
Aug 30, 2001
18 F. App'x 569 (9th Cir. 2001)

Opinion


18 Fed.Appx. 569 (9th Cir. 2001) Jerome H. JOSEPH, Plaintiff-Appellant, v. Mark YOUNG, Field Office Manager Social Security Administration Bremerton WA; et al., Defendants-Appellees. No. 01-35259. D.C. No. CV-01-05039-RJB. United States Court of Appeals, Ninth Circuit. August 30, 2001

Submitted August 13, 2001.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Claimant brought § 1985 action alleging that Social Security Administration employees conspired to deprive him of benefits. The United States District Court for the Western District of Washington, Robert J. Bryan, J., dismissed suit, and claimant appealed. The Court of Appeals held that court did not have subject matter jurisdiction over action.

Affirmed.

Appeal from the United States District Court for the Western District of Washington, Robert J. Bryan, District Judge, Presiding.

Before HAWKINS, TASHIMA, and GOULD, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Jerome H. Joseph appeals pro se the district court's dismissal for lack of subject matter jurisdiction his action brought pursuant to 42 U.S.C. § 1985 alleging that employees of the Social Security Administration conspired to deprive him of Social Security benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a dismissal for lack of subject matter jurisdiction. Evans v. Chater, 110 F.3d 1480, 1481 (9th Cir.1997). We affirm.

Because the Social Security Act makes no provision for remedies in money damages

Page 570.

against officials responsible for unconstitutional conduct that leads to the wrongful denial of benefits, see Schweiker v. Chilicky, 487 U.S. 412, 424-25, 108 S.Ct. 2460, 101 L.Ed.2d 370 (1988), and because Joseph has not exhausted administrative remedies on the Secretary's decision to cease his social security benefits, see Heckler v. Ringer, 466 U.S. 602, 617-18, 104 S.Ct. 2013, 80 L.Ed.2d 622 (1984), the district court properly dismissed Joseph's complaint for lack of subject matter jurisdiction.

Joseph's remaining contentions lack merit.

AFFIRMED.


Summaries of

Joseph v. Young

United States Court of Appeals, Ninth Circuit
Aug 30, 2001
18 F. App'x 569 (9th Cir. 2001)
Case details for

Joseph v. Young

Case Details

Full title:Jerome H. JOSEPH, Plaintiff-Appellant, v. Mark YOUNG, Field Office Manager…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 30, 2001

Citations

18 F. App'x 569 (9th Cir. 2001)