Robert Theede v. United States

MEMORANDUM

Robert Theede appeals pro se from the district court’s judgment dismissing his action for failure to state a claim and denying his motion for a preliminary injunction. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal of a complaint pursuant to 28 U.S.C. § 1915 (e)(2), Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir.2012), and we review the denial of a preliminary injunction for abuse of discretion, Sierra Forest Legacy v. Rey, 577 F.3d 1015, 1021 (9th Cir.2009). We affirm.

The district court properly dismissed Theede’s claims against the Social Security Administration and the Department of Health and Human Services because it is clear from the face of the complaint that Theede failed to exhaust administrative requirements and obtain a final agency decision. 42 U.S.C. § 405 (g); Heckler v. Ringer, 466 U.S. 602, 617 , 104 S.Ct. 2013 , 80 L.Ed.2d 622 (1984); Bass v. Soc. Sec. Admin., 872 F.2d 832, 833 (9th Cir.1989) (claimant’s failure to exhaust the procedures set forth in the Social Security Act deprives the district court of jurisdiction); Kaiser v. Blue Cross of Calif., 347 F.3d 1107 , 1111 & 1115-16 (9th Cir.2003)…