Farideh Richardson v. Michael J. Astrue, No. 08-3967 (8th Cir. 2009)

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Court Description: Civil case - social security. District court did not err in dismissing case as claimant had failed to exhaust administrative remedies.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3967 ___________ Farideh Richardson, personally and on behalf of my children, Fraydoun Soltani; Farhad Soltani & Ladan Richardson, * * * * Appeal from the United States * District Court for the Western * District of Missouri. Appellant, * * [UNPUBLISHED] v. * * Michael J. Astrue, Commissioner of * Social Security, * * Appellee. * ___________ Submitted: November 3, 2009 Filed: December 11, 2009 ___________ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Farideh Richardson, on behalf of herself and her children, appeals the district court s1 dismissal of her pro se social security appeal for lack of subject matter 1 The Honorable Robert E. Larsen, United States Magistrate Judge for the Western District of Missouri, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. ยง 636(c). jurisdiction based on failure to exhaust administrative remedies. We have carefully reviewed the record de novo, see In Home Health, Inc. v. Shalala, 272 F.3d 554, 559 (8th Cir. 2001), and conclude that dismissal was proper for the reasons stated by the district court. Accordingly, we affirm. We also deny the pending motions. ______________________________ -2-

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