Williams v. Colvin

Filing 7

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. 2] is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed with this Memorandum and Order. Signed by District Judge Stephen N. Limbaugh, Jr on 6/26/2013. (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 will summarily dismiss the
action for lack of jurisdiction under Rule 12(h)(3) of the Federal Rules of Civil
Procedure.
Plaintiff has submitted the decision of the Social Security Administration
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.
Therefore, the Appeals Council’s decision is not a “final” ruling on plaintiff’s
benefits, and this Court lacks jurisdiction to hear this action under 42 U.S.C. § 405(g).

The Court previously directed plaintiff to show cause why this action should
not be dismissed for lack of jurisdiction. Plaintiff’s response did not address the issue
of jurisdiction or show any reason why the case should not be dismissed. Therefore,
this action will be dismissed without further proceedings. See Fed. R. Civ. P.
12(h)(3).
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis [Doc. 2] is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED without
prejudice.
An Order of Dismissal will be filed with this Memorandum and Order.
Dated this 26th day of June, 2013.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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