Simmons v. Social Security Administration

Filing 7

ORDER DISMISSING CASE: Ordered that this case is dismissed. Signed by Chief District Judge Louis Guirola, Jr on 9/22/16. (JCH)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION LINDA SUE SIMMONS v. PLAINTIFF CAUSE NO. 1:16CV184-LG-LRA SOCIAL SECURITY ADMINISTRATION DEFENDANT ORDER DISMISSING ACTION This matter comes before the Court sua sponte for consideration of dismissal of this action based on lack of subject-matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(h)(3). On September 16, 2016, the Court ordered pro se Plaintiff Linda Sue Simmons to file an Amended Complaint, to include the setting forth the basis of the Court’s jurisdiction over her purported claim against the Social Security Administration (SSA). (See generally Order, ECF No. 5). On September 21, 2016, Simmons filed her [6] Amended Complaint. Having reviewed the Amended Complaint, the Court is of the opinion that it lacks subjectmatter jurisdiction over this action. See Fed. R. Civ. P. 12(h)(3) (“If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”). Specifically, the Amended Complaint contains the same deficiencies identified by the Court in the original Complaint. Simmons again attaches medical records to the Amended Complaint, with no explanation. There is no allegation or information tending to show that Simmons has exhausted her administrative remedies. Construing the Amended Complaint liberally, the Court is unable to discern if the SSA has ever considered, much less denied Simmons SSA benefits. As a result, the Court has no choice but to dismiss this action. See Celestine v. Soc. Sec. Admin., 486 F. App’x 418, 419 (5th Cir. 2012); see also Honeo v. Harris, 498 F. Supp. 1169, 1172 (S.D. Miss. 1980). IT IS THEREFORE ORDERED that this action is DISMISSED. The Clerk is ORDERED to mail a copy of this Order to Plaintiff Linda Sue Simmons at the address provided. SO ORDERED AND ADJUDGED this the 22nd day of September, 2016. s/ Louis Guirola, Jr. LOUIS GUIROLA, JR. CHIEF U.S. DISTRICT JUDGE 2

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