Williams v. Colvin

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff has fourteen (14) days from the date of this Memorandum and Order to show cause why this action should not be summarily dismissed for lack of subject matter jurisdiction. Show Cause Response due by 6/19/2013. Signed by District Judge Stephen N. Limbaugh, Jr on 6/5/2013. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JIMMIE R. WILLIAMS,
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

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No. 4:13CV1048 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s submission of a complaint under
the Social Security Act, 42 U.S.C. § 405(g). The Court is required to review all
pleadings to determine whether subject matter exists. Fed. R. Civ. P. 12(h)(3). Upon
review of the case file, it appears that subject matter is lacking because the
Commissioner of Social Security has not issued a final decision regarding Williams’s
claim for benefits. As a result, the Court will direct plaintiff to show cause why this
action should not be summarily dismissed.
Plaintiff has submitted the decision of the Order of Appeals Council that he
wishes to appeal. The Appeals Council found that plaintiff was a proper class
member under Clark v. Astrue, No. 06-CV-15521 (S.D.N.Y. 2012). As such, the
Appeals Council vacated part of the ALJ’s ruling below and remanded the case to the

local Social Security office for a revised decision. As a result, the Appeals Council’s
decision was not a “final” ruling on plaintiff’s benefits, and this Court lacks
jurisdiction to hear this action under 42 U.S.C. § 405(g).
Plaintiff shall have fourteen days from the date of this Memorandum and Order
to show cause why this action should not be summarily dismissed for lack of subject
matter jurisdiction. If plaintiff fails to adequately show cause, the Court will dismiss
this action without further proceedings.
Accordingly,
IT IS HEREBY ORDERED that plaintiff has fourteen (14) days from the date
of this Memorandum and Order to show cause why this action should not be
summarily dismissed for lack of subject matter jurisdiction.
Dated this 5th day of June, 2013.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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