Dana Alfreds v. SSA
Filing
Filed Nonprecedential Disposition PER CURIAM. AFFIRMED. Richard A. Posner, Circuit Judge; Joel M. Flaum, Circuit Judge and John Daniel Tinder, Circuit Judge. [6504613-1] [6504613] [12-3199]
Case: 12-3199 NONPRECEDENTIAL DISPOSITION
Document: 40
Filed: 08/01/2013
To be cited only in accordance with
Fed. R. App. P. 32.1
Pages: 2
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted June 26, 2013*
Decided August 1, 2013
Before
RICHARD A. POSNER, Circuit Judge
JOEL M. FLAUM, Circuit Judge
JOHN DANIEL TINDER, Circuit Judge
No. 12‐3199
DANA B. ALFREDS,
Plaintiff‐Appellant,
v.
SOCIAL SECURITY
ADMINISTRATION, et al.,
Defendants‐Appellees.
Appeal from the United States District
Court for the Southern District of
Indiana, Indianapolis Division.
No. 1:11‐cv‐1274‐JMS‐MJD
Jane E. Magnus‐Stinson,
Judge.
O R D E R
Dana Alfreds appeals the dismissal, for failure to state a claim, of her complaint
against the Social Security Administration and its employees. See FED. R. CIV. P. 12(b)(6).
She asks for a writ of mandamus to compel the agency to investigate members of her
family, an acquaintance of her husband, and her former orthodontist for causing her to
*
No defendant was served with process in the district court, and none has participated in this
appeal. After examining Alfreds’ brief and the record, we have concluded that oral argument is
unnecessary. Thus, the appeal is submitted on her brief and the record. See FED. R. APP. P. 34(a)(2)(C).
Case: 12-3199
No. 12‐3199
Document: 40
Filed: 08/01/2013
Pages: 2
Page 2
become disabled. Mandamus relief, however, is unavailable to compel an agency
investigation unless the investigation is one of the agency’s nondiscretionary duties,
Deloria v. Veterans Admin., 927 F.2d 1009, 1013–14 (7th Cir. 1991); Jafree v. Barber, 689 F.2d
640, 643 (7th Cir. 1982), and Alfreds has identified no investigative duty of the SSA. Nor
can the litany of additional injuries she alleges be attributed to the SSA or any of its
employees. The district court correctly concluded that Alfreds has not stated a claim for
relief.
AFFIRMED.
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