Kerry Gibson v. Social Security Administration, No. 13-2940 (8th Cir. 2013)
Annotate this CaseCourt Description: Civil case. District court did not err in dismissing this matter for lack of subject matter jurisdiction. [ October 01, 2013
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-2940 ___________________________ Kerry A. Gibson lllllllllllllllllllll Plaintiff - Appellant v. Social Security Administration; U.S. Department of Labor, OWCP; Gary A. Steinberg, U.S. Department of Labor, OWCP; Jo Anne B. Barnhart; Fred Heese, Director lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: October 1, 2013 Filed: October 3, 2013 [Unpublished] ____________ Before MURPHY, COLLOTON, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Missouri resident Kerry Gibson appeals the district court s1 pre-service dismissal without prejudice of his pro se action for lack of subject matter jurisdiction. Having carefully reviewed the record and considered Gibson s arguments for reversal, we agree with the district court s reasons for concluding that subject matter jurisdiction was lacking. See In Home Health, Inc. v. Shalala, 272 F.3d 554, 559 (8th Cir. 2001) (de novo review of subject matter jurisdiction based upon exhaustion of administrative remedies). The district court also did not err in denying Gibson s postjudgment motion. Accordingly, the judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri. -2-
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