Alford v. Social Security Disability Insurance

Filing 40

ORDER by Chief Magistrate Judge Karen B. Molzen denying 38 Motion for Reconsideration. (KBM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

JAMES BEDFORD ALFORD,
Plaintiff,
v.

CIV 16-0800 KBM

NANCY A BERRYHILL,
Acting Commissioner of Social Security,

Defendant.

ORDER DENYING RECONSIDERATION
THIS MATTER is before the Court on a Motion filed by the pro se Plaintiff’
on March 20, 2017 (Doc. 38) which this Court construes as a motion for reconsideration
of the dismissal of this action without prejudice on March 15, 2017 (Doc. 37). For the
reasons stated in the Court’s Memorandum Opinion and Order (Doc. 36), Plaintiff has
failed to demonstrate that this Court has subject matter jurisdiction over his claims as
there has been no “final decision” as required by 42 U.S.C. § 405(g). Further, as
explained in the Court’s Order of October 5, 2016 (Doc. 19), insofar as Plaintiff seeks to
assert a claim pursuant to the Federal Tort Claims Act, he has failed to demonstrate
that he has exhausted administrative remedies before appearing in federal court. Again,
this exhaustion requirement is jurisdictional and cannot be waived. Therefore, the
Motion is not well taken and will be denied.

______________________________________
UNITED STATES CHIEF MAGISTRATE JUDGE
Presiding by Consent