Lowry

MEMORANDUM ***

David Lowry appeals the dismissal of this action for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for lack of subject matter jurisdiction, Orsay v. United States Dep’t of Justice, 289 F.3d 1125 , 1128 (9th Cir.2002), and we affirm.

Because the parties are familiar with the facts, we recite them only as necessary for this decision. Lowry, an attorney, brought this mandamus action to compel the Commissioner of Social Security to pay him attorney’s fees for legal services he rendered on behalf of clients seeking disability benefits. The district court dismissed the lawsuit, concluding that mandamus relief was improper because the Commissioner was still processing his fee requests.

We conclude that the complaint was properly dismissed for a different reason: 1 Lowry faded to show that the Commissioner has a clear, ministerial duty to pay him attorney’s fees in the precise amounts he claims are due. Johnson v. Reilly, 349 *146 F.3d 1149, 1154 (9th Cir.2003) (to be entitled to mandamus relief, a plaintiff must establish, among other things, that the act he seeks to compel is…