Martha Soto, on Behalf of Lizett Powell v. Louis W. Sullivan, M.D., Secretary of Health and Human Services

976 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Martha SOTO, on behalf of Lizett POWELL, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee. No. 92-55019. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 22, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Martha Soto, on behalf of her daughter Lizett Powell, appeals the magistrate's order granting dismissal under Fed.R.Civ.P. 12(b)(1) in her child insurance benefits action under section 205(g) of the Social Security Act ("Act"), 42 U.S.C. § 405 (g). Soto contends that the magistrate erred by finding that the district court lacked subject matter jurisdiction. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo a district court's order of dismissal, while we review for clear error the underlying factual findings. Banta v. Sullivan, 925 F.2d…