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)

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

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