Stephan Fleming v. Michael J. Astrue


PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Raymond W. Gruender and Duane Benton (UNPUBLISHED) [3993375] [12-2196]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2196 ___________________________ Stephan A. Fleming lllllllllllllllllllll Plaintiff - Appellant v. Michael J. Astrue, Commissioner of the Social Security Administration lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: January 4, 2013 Filed: January 11, 2013 ____________ Before BYE, GRUENDER, and BENTON, Circuit Judges. ____________ 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. Appellate Case: 12-2196 Page: 1 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. ______________________________ -2- Appellate Case: 12-2196 Page: 2 Date Filed: 01/11/2013 Entry ID: 3993375

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