Gural Foster v. Carolyn Colvin

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Pasco M. Bowman and Diana E. Murphy (UNPUBLISHED) [4451221] [16-1014]

United States Court of Appeals
For the Eighth Circuit
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No. 16-1014
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Gural Foster
lllllllllllllllllllll Plaintiff - Appellant
v.
Carolyn W. Colvin, Acting Commissioner of Social Security
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
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Submitted: September 20, 2016
Filed: September 23, 2016
[Unpublished]
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Before LOKEN, BOWMAN, and MURPHY, Circuit Judges.
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PER CURIAM.

Appellate Case: 16-1014

Page: 1

Date Filed: 09/23/2016 Entry ID: 4451221

Gural Foster appeals after the District Court1 dismissed his amended complaint
apparently challenging the discontinuation of Supplemental Security Income
payments. The complaint was dismissed without prejudice based on Foster’s failure
to exhaust his administrative remedies. Upon de novo review, we conclude that the
dismissal was proper. See 42 U.S.C. § 405(g) (providing for judicial review of final
decisions of the Commissioner of Social Security); Schoolcraft v. Sullivan, 971 F.2d
81, 84–85 (8th Cir. 1992) (“In order for the district court to have subject matter
jurisdiction under section 405(g), a claimant must have presented a claim for benefits
to the Secretary and exhausted the administrative remedies prescribed by the
Secretary.” (footnote omitted)), cert. denied, 510 U.S. 1081 (1994); see also Sipp v.
Astrue, 641 F.3d 975, 979 (8th Cir. 2011) (standard of review). Accordingly, we
affirm.
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1

The Honorable D.P. Marshall Jr., United States District Judge for the Eastern
District of Arkansas, adopting the report and recommendations of the Honorable
J. Thomas Ray, United States Magistrate Judge for the Eastern District of Arkansas.
-2-

Appellate Case: 16-1014

Page: 2

Date Filed: 09/23/2016 Entry ID: 4451221