Lockhart

James Lockhart appeals the dismissal of his complaint by the district court for lack of subject matter jurisdiction and for failure to state a claim for which relief can be granted. We construe Lockhart’s pro se pleading liberally and hold that he has asserted a basis for jurisdiction and a cognizable claim for an injunction to stay the government’s offset of his Social Security benefits. On the merits, however, we hold that Lockhart’s benefits are not protected, and accordingly affirm the judgment entered against him.

PROCEEDINGS

On March 20, 2002, Lockhart filed a complaint against the United States, the Attorney General and the Secretaries of Education and the Treasury alleging that he had received notice from the United States Department of Education that it intended to offset a portion of his monthly Social Security benefits to secure repayment of his government educational loans. Lockhart asserted that, because “more than 10 years have passed since [his] education loans became outstanding,” the attempt to collect them by offset was “time barred under 31 U.S.C. § 3716 (e)(1).”

This claim was buried in a barrage of other contentions which the district court understandably…