Filed: Sep. 23, 2016
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-1014 _ Gural Foster lllllllllllllllllllll Plaintiff - Appellant v. Carolyn W. Colvin, Acting Commissioner of Social Security lllllllllllllllllllll Defendant - Appellee _ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock _ Submitted: September 20, 2016 Filed: September 23, 2016 [Unpublished] _ Before LOKEN, BOWMAN, and MURPHY, Circuit Judges. _ PER CURIAM. Gural Foster appeals after the Dist
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-1014 _ Gural Foster lllllllllllllllllllll Plaintiff - Appellant v. Carolyn W. Colvin, Acting Commissioner of Social Security lllllllllllllllllllll Defendant - Appellee _ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock _ Submitted: September 20, 2016 Filed: September 23, 2016 [Unpublished] _ Before LOKEN, BOWMAN, and MURPHY, Circuit Judges. _ PER CURIAM. Gural Foster appeals after the Distr..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-1014
___________________________
Gural Foster
lllllllllllllllllllll Plaintiff - Appellant
v.
Carolyn W. Colvin, Acting Commissioner of Social Security
lllllllllllllllllllll Defendant - Appellee
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
____________
Submitted: September 20, 2016
Filed: September 23, 2016
[Unpublished]
____________
Before LOKEN, BOWMAN, and MURPHY, Circuit Judges.
____________
PER CURIAM.
Gural Foster appeals after the District Court1 dismissed his amended complaint
apparently challenging the discontinuation of Supplemental Security Income
payments. The complaint was dismissed without prejudice based on Foster’s failure
to exhaust his administrative remedies. Upon de novo review, we conclude that the
dismissal was proper. See 42 U.S.C. § 405(g) (providing for judicial review of final
decisions of the Commissioner of Social Security); Schoolcraft v. Sullivan,
971 F.2d
81, 84–85 (8th Cir. 1992) (“In order for the district court to have subject matter
jurisdiction under section 405(g), a claimant must have presented a claim for benefits
to the Secretary and exhausted the administrative remedies prescribed by the
Secretary.” (footnote omitted)), cert. denied,
510 U.S. 1081 (1994); see also Sipp v.
Astrue,
641 F.3d 975, 979 (8th Cir. 2011) (standard of review). Accordingly, we
affirm.
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1
The Honorable D.P. Marshall Jr., United States District Judge for the Eastern
District of Arkansas, adopting the report and recommendations of the Honorable
J. Thomas Ray, United States Magistrate Judge for the Eastern District of Arkansas.
-2-