Jurchin v. Luebbering

Filing 16

MEMORANDUM AND ORDER OF DISMISSAL: IT IS HEREBY ORDERED that this case is dismissed for lack of subject matter jurisdiction. A separate Order of Dismissal is entered this same date.. Signed by District Judge Rodney W. Sippel on 2/1/18. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CLAUDE JURCHIN,
Plaintiff,
vs.
PATRICK LUEBBERING,
Defendant.

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Case No. 4:17 CV 2509 RWS

MEMORANDUM AND ORDER OF DISMISSAL
For the reasons stated on the record during today’s hearing, I must dismiss
plaintiff’s complaint for lack of subject matter jurisdiction. Plaintiff has sued a
state actor in his official capacity to challenge the termination of his state benefits.
Jurisdiction over that claim is vested by state statute (Mo. Rev. Stat. § 208.100) in
the circuit court, not here in federal court. Although plaintiff also complains about
possible termination of federal benefits, he has not sued any federal agencies in
this action. Any amendment to his complaint would be futile at this point as
plaintiff has not exhausted his administrative remedies with respect to challenging
the termination of any federal benefits. I attempted to assist plaintiff by asking an
Assistant United States Attorney to briefly review the record in this case to
determine if agency action may be appropriate. I urge plaintiff to follow any

recommendations he may receive with respect to any benefit determinations and to
cooperate with the relevant agencies by providing the requested information.
Accordingly,
IT IS HEREBY ORDERED that this case is dismissed for lack of subject
matter jurisdiction.
A separate Order of Dismissal is entered this same date.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 1st day of February, 2018.

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