Jay Lee Gates, Plaintiff/appellant, v. Marth Mcsteen; E. Lee Bastien, Defendants/appellees, 892 F.2d 82 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 892 F.2d 82 (9th Cir. 1989)

Submitted May 18, 1989. *Decided Dec. 11, 1989


Before PREGERSON, O'SCANNLAIN and TROTT, Circuit Judges.


MEMORANDUM** 

Jay Lee Gates appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 complaint seeking an order compelling the Social Security Administration (SSA) to reissue his SSI check after SSA informed Gates that it was stopping his disability payments because he was in a public institution, i.e., California State Prison at Vacaville. Gates contends the district court erred in dismissing his complaint pursuant to 28 U.S.C. § 1915(d) on the ground that Gates failed to exhaust administrative remedies.

Gates conceded in his complaint that he had sought a hearing before an administrative law judge and that he had not yet received a hearing date. Thus, the district court did not err in finding that Gates had failed to exhaust administrative remedies. See 42 U.S.C. § 405(g); Bowen v. City of New York, 476 U.S. 467 (1986). Mr. Gates should direct his attention to the SSA.

AFFIRMED.

 *

This case is suitable for submission without oral argument because the legal standard is established and the result is clear. Fed. R. App. P. 34(a) and 9th Cir.R. 34-4

 **

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