Joseph Johnson v. Michael J. Astrue, No. 10-3741 (8th Cir. 2011)
Annotate this CaseCourt Description: Civil case - Social Security. District court did not err in dismissing plaintiff's 42 U.S.C. sec. 405(g) action for lack of subject matter jurisdiction.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-3741 ___________ Joseph Johnson, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Michael J. Astrue, Commissioner, * Social Security Administration, * [UNPUBLISHED] * Appellee. * ___________ Submitted: March 23, 2011 Filed: March 28, 2011 ___________ Before WOLLMAN, BOWMAN, and SMITH, Circuit Judges. ___________ PER CURIAM. Joseph Johnson appeals the district court s1 dismissal of his 42 U.S.C. ยง 405(g) action for lack of subject matter jurisdiction. Having carefully reviewed the record and considered Johnson s arguments for reversal, we agree with the district court s reasons for concluding that subject matter jurisdiction was lacking. See In Home 1 The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri, adopting the report and recommendations of the Honorable Frederick R. Buckles, United States Magistrate Judge for the Eastern District of Missouri. Health, Inc. v. Shalala, 272 F.3d 554, 559 (8th Cir. 2001) (de novo review). We Accordingly, the judgment is affirmed. See 8th Cir. R. 47B. We also deny the pending motion for sanctions. ______________________________ -2-
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