Young v. Barnhart

04-20445Court of Appeals for the Fifth CircuitDec 30, 2004

Full text

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
December 30, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-20445
Summary Calendar
JOSEPH YOUNG,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CV-2265
--------------------
Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Joseph Young appeals the district court’s decision affirming
the denial of his application for disabled widower’s insurance
benefits. Young has also filed motions to subpoena medical
records and to appoint a private investigator.
Young has failed to address the district court’s
determination that the Commissioner of Social Security’s decision
was supported by substantial evidence. Accordingly, this claim
is deemed abandoned. See Brinkmann v. Dallas County Deputy

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No. 04-20445
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Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Further, this
court may not consider Young’s claim that city, county, and state
officials knowingly withheld relevant medical records because
this claim was not presented to the district court. See
Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir.
1999). Finally, Young’s allegations of conspiracy,
discrimination, and torture are not relevant to the district
court’s review of his disabled widower’s claim. Accordingly, the
district court’s judgment is AFFIRMED. Young’s motions to
subpoena medical records and to appoint a private investigator
are DENIED.
AFFIRMED; MOTIONS DENIED.

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