Kerry A. Gibson v. Social Security Administration

United States Court of Appeals
For the Eighth Circuit
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No. 13-2940
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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
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: October 1, 2013
Filed: October 3, 2013
[Unpublished]
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Before MURPHY, COLLOTON, and GRUENDER, Circuit Judges.
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PER CURIAM.

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Missouri resident Kerry Gibson appeals the district court’s pre-service1
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.
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The Honorable Henry E. Autrey, United States District Judge for the Eastern1
District of Missouri.
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