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Ullrich v. Barnhart

United States Court of Appeals, Ninth Circuit
Jun 22, 2005
135 F. App'x 924 (9th Cir. 2005)

Opinion


135 Fed.Appx. 924 (9th Cir. 2005) Stephen Floyd ULLRICH, Plaintiff--Appellant, v. Jo Anne B. BARNHART, Commissioner, Defendant--Appellee. No. 03-36033. United States Court of Appeals, Ninth Circuit. June 22, 2005

Submitted June 14, 2005.

This 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NOT FOR PUBLICATION.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)

Appeal from the United States District Court for the District of Idaho, Mikel H. Williams, Magistrate, Presiding. D.C. No. CV-02-00064-MKW.

Before: KLEINFELD, TASHIMA, and THOMAS, 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 provided by Ninth Circuit Rule 36-3.

Idaho state prisoner Stephen Floyd Ullrich appeals pro se the district court's Fed.R.Civ.P. 12(b)(1) and 12(b)(6) dismissal

Page 925.

for failure to state a claim and for lack of subject matter jurisdiction of his complaint against the Social Security Administration. Ullrich contends that he is owed "disadvantaged minority benefits," that his disability benefits were improperly calculated, and that an overpayment for payments was not properly assessed. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Kildare v. Saenz, 325 F.3d 1078, 1082 (9th Cir.2003), and we affirm.

The district court properly concluded that it lacked subject matter jurisdiction over Ullrich's claims that his benefits were improperly calculated and that an overpayment was not properly assessed because Ullrich failed to exhaust his administrative remedies pursuant to 42 U.S.C. § 405(g), and failed to allege a colorable constitutional claim. See Subia v. Comm'r of Soc. Sec., 264 F.3d 899, 902 (9th Cir.2001). We agree with the district court that there is no statutory basis for Ullrich's claim that he is owed additional benefits as a disadvantaged minority.

AFFIRMED.


Summaries of

Ullrich v. Barnhart

United States Court of Appeals, Ninth Circuit
Jun 22, 2005
135 F. App'x 924 (9th Cir. 2005)
Case details for

Ullrich v. Barnhart

Case Details

Full title:Stephen Floyd ULLRICH, Plaintiff--Appellant, v. Jo Anne B. BARNHART…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 22, 2005

Citations

135 F. App'x 924 (9th Cir. 2005)