Filed: Oct. 03, 2013
Latest Update: Mar. 28, 2017
Summary: United States Court of Appeals For the Eighth Circuit _ No. 13-2940 _ Kerry A. Gibson lllllllllllllllllllll Plaintiff - Appellant v. Social Security Administration; U.S. Department of Labor, OWCP; Gary A. Steinberg, U.S. Department of Labor, OWCP; Jo Anne B. Barnhart; Fred Heese, Director lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Eastern District of Missouri - St. Louis _ Submitted: October 1, 2013 Filed: October 3, 2013 [Unpublished] _ Befor
Summary: United States Court of Appeals For the Eighth Circuit _ No. 13-2940 _ Kerry A. Gibson lllllllllllllllllllll Plaintiff - Appellant v. Social Security Administration; U.S. Department of Labor, OWCP; Gary A. Steinberg, U.S. Department of Labor, OWCP; Jo Anne B. Barnhart; Fred Heese, Director lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Eastern District of Missouri - St. Louis _ Submitted: October 1, 2013 Filed: October 3, 2013 [Unpublished] _ Before..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 13-2940
___________________________
Kerry A. Gibson
lllllllllllllllllllll Plaintiff - Appellant
v.
Social Security Administration; U.S. Department of Labor, OWCP; Gary A.
Steinberg, U.S. Department of Labor, OWCP; Jo Anne B. Barnhart; Fred Heese, Director
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
____________
Submitted: October 1, 2013
Filed: October 3, 2013
[Unpublished]
____________
Before MURPHY, COLLOTON, and GRUENDER, Circuit Judges.
____________
PER CURIAM.
Missouri resident Kerry Gibson appeals the district court’s1 pre-service
dismissal without prejudice of his pro se action for lack of subject matter jurisdiction.
Having carefully reviewed the record and considered Gibson’s arguments for
reversal, we agree with the district court’s reasons for concluding that subject matter
jurisdiction was lacking. See In Home Health, Inc. v. Shalala,
272 F.3d 554, 559 (8th
Cir. 2001) (de novo review of subject matter jurisdiction based upon exhaustion of
administrative remedies). The district court also did not err in denying Gibson’s post-
judgment motion. Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.
______________________________
1
The Honorable Henry E. Autrey, United States District Judge for the Eastern
District of Missouri.
-2-