United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 30, 2004

Charles R. Fulbruge III Clerk No. 03-11214

JOHANNA MARESH, as Next Friend of Regina Maresh

Plaintiff-Appellant v.

TOMMY G THOMPSON, SECRETARY, DEPARTMENT OF HEALTH & HUMAN SERVICES

Defendant-Appellee

Appeal from the United States District Court for the Northern District of Texas, Dallas No. 3:03-CV-1018-H

Before KING, Chief Judge, and JOLLY and DENNIS, Circuit Judges.

PER CURIAM:*

Plaintiff-Appellant Johanna Maresh appeals the district

court’s dismissal of her claims for lack of subject matter

jurisdiction. The district court concluded that Maresh failed to

exhaust her administrative remedies. See Maresh ex rel Maresh v.

Thompson,

(N.D. Tex. 2003). Having

reviewed the record and fully considered the parties’ arguments,

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

-1- we agree with the Secretary that Maresh’s challenge to the

Secretary’s overpayment determination must be presented

administratively before it is reviewed in the district court.

Since Maresh filed her district court suit before exhausting her

administrative remedies, the district court lacked subject matter

jurisdiction over her case. Accordingly, we AFFIRM the district

court’s judgment for essentially the same reasons stated in its

Memorandum Opinion and Order.

-2-