Gibler

Gibler v. Barnhart

Good Law
111 F. App'x 504
United States Court of Appeals for the Ninth CircuitOctober 8, 2004No. 03-16901; D.C. No. CV-03-00823-MJJCalifornia414 words

Opinion

Lead Opinion

MEMORANDUM ***

Plaintiff Timothy Gibler appeals from the district court’s order dismissing, with prejudice, his second amended complaint against the Social Security Administration. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*505 We review de novo the dismissal of a complaint for lack of subject matter jurisdiction, including dismissal for failure to exhaust administrative remedies. Kildare v. Saenz, 825 F.Bd 1078, 1082 (9th Cir.2003). We also have de novo review over dismissals for failure to state a claim, Miller v. Yokohama Tire Corp., 358 F.3d 616, 619 (9th Cir.2004), and decisions regarding issue preclusion, San Remo Hotel, L.P. v. San Francisco, 364 F.3d 1088 , 1094 (9th Cir.2004), petition for cert. filed, 73 U.S.L.W. 3162 (U.S. Sept. 7, 2004) (No. 04-340).

After carefully reviewing the claims in Plaintiffs successive complaints, we conclude that the Second Amended Complaint properly was dismissed with prejudice. Several of Plaintiffs claims were not exhausted and do not warrant waiver of the exhaustion requirement. See Johnson v. Shalala, 2 F.3d 918, 921 (9th Cir.1993) (describing the exhaustion requirement and judicial standards for waiving the…

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