Bronstein v. Social Security Administration

Filing 23

ORDER granting 16 Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction by Judge John L. Kane on 10/26/09.(gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 09-cv-1598-AP BYRON R. BRONSTEIN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ORDER Kane, J. This matter is before the court on Defendant's Motion to Dismiss Plaintiff's Complaint (doc. #16), filed September 21, 2009. I have reviewed the motion, the

supplement, and the responses. The Motion is GRANTED. Plaintiff has not received a "final
decision" of the Commissioner as required to obtain judicial review under section 205(g) of the Social Security Act (the Act), 42 U.S.C. § 405(g). Additionally, plaintiff has not alleged any basis for the Court to excuse the failure to exhaust his administrative remedies. Accordingly, the Complaint is DISMISSED for lack of subject matter jurisdiction.

Dated: October 26, 2009 BY THE COURT: s/John L. Kane John L. Kane, Senior Judge United States District Court