Clarence Jackson v. Michael Astrue

U.S. Court of Appeals for the Seventh Circuit

Clarence Jackson v. Michael Astrue

Opinion

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

Submitted March 14, 2012* Decided March 30, 2012

Before

DANIEL A. MANION, Circuit Judge

ILANA DIAMOND ROVNER, Circuit Judge

DAVID F. HAMILTON, Circuit Judge

No. 11‐3171

CLARENCE JACKSON, Appeal from the United States District Plaintiff‐Appellant, Court for the Central District of Illinois.

v. No. 10‐CV‐2114

MICHAEL J. ASTRUE, Harold A. Baker, Commissioner of Social Security, Judge. Defendant‐Appellee.

O R D E R

After successfully appealing an ALJ’s finding that he was not disabled, Clarence Jackson filed this lawsuit seeking a decade’s worth of Social Security benefits, including proceeds that the agency had deducted to cover previous overpayments. The district court

* After examining the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See FED. R. APP. P. 34(a)(2)(C). No. 11‐3171 Page 2

granted the Commissioner’s motion to dismiss for lack of subject‐matter jurisdiction, finding that Jackson had not exhausted his administrative remedies with regard to challenging the ruling on the deductions. The court further noted that Jackson’s complaint was untimely in that it had not been filed within 60 days of the Appeals Council’s favorable decision.

Jackson appeals but his appellate brief does not address the district court’s grounds for dismissal. Although Jackson asserts that the court’s decision “constituted restraint on liberty activity,” he does not explain how the court erred in concluding that dismissal was appropriate. And although we construe pro se filings liberally, even uncounseled litigants must present arguments supported by citations to the record and legal authority. See FED. R. APP. P. 28(a)(9)(A); Anderson v. Hardman, 241 F.3d 544, 545–46 (7th Cir. 2001).

DISMISSED.

Reference

Status
Unpublished