Stephan Fleming v. Michael J. Astrue

Filing

PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Raymond W. Gruender and Duane Benton (UNPUBLISHED) [3993375] [12-2196]

United States Court of Appeals
For the Eighth Circuit
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No. 12-2196
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Stephan A. Fleming
lllllllllllllllllllll Plaintiff - Appellant
v.
Michael J. Astrue, Commissioner of the Social Security Administration
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the District of Nebraska - Lincoln
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Submitted: January 4, 2013
Filed: January 11, 2013
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Before BYE, GRUENDER, and BENTON, Circuit Judges.
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PER CURIAM.
Stephan A. Fleming appeals the district court’s1 order dismissing his appeal for
lack of jurisdiction. Upon de novo review, see Clarinda Home Health v. Shalala, 100
F.3d 526, 528 (8th Cir. 1996), we agree with the district court that there was no
1

The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska.

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Date Filed: 01/11/2013 Entry ID: 3993375

constructive or de facto reopening of Fleming’s earlier application, and thus that
subject matter jurisdiction was lacking, see King v. Chater, 90 F.3d 323, 325 (8th Cir.
1996). The district court is affirmed.
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Date Filed: 01/11/2013 Entry ID: 3993375