Ralph Mercer v. Michael J. Astrue, No. 10-2838 (8th Cir. 2011)

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Court Description: Civil case - Social Security. Dismissal of Section 405(g) action affirmed without comment.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-2838 ___________ Ralph Mercer, * * Appellant, * * Appeal from the United States v. * District Court for the Western * District of Missouri. Michael J. Astrue, * Commissioner of Social Security, * [UNPUBLISHED] * Appellee. * ___________ Submitted: January 26, 2011 Filed: February 1, 2011 (Corrected 2/1/11) ___________ Before BYE, ARNOLD, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Ralph Mercer appeals the district court s1 order dismissing his 42 U.S.C. ยง 405(g) action. Upon careful consideration of the record and Mercer s arguments for reversal, see Boock v. Shalala, 48 F.3d 348, 351 n.2 (8th Cir. 1995) (standard of review), we conclude that the facts do not show a violation of Mercer s due process rights. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.

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