Ullrich v. Barnhart
Ullrich v. Barnhart
Opinion of the Court
MEMORANDUM
Idaho state prisoner Stephen Floyd Ullrich appeals pro se the district court’s Fed.R.Civ.P. 12(b)(1) and 12(b)(6) dismiss
The district court properly concluded that it lacked subject matter jurisdiction over Ullrich’s claims that his benefits were improperly calculated and that an overpayment was not properly assessed because Ullrich failed to exhaust his administrative remedies pursuant to 42 U.S.C. § 405(g), and failed to allege a colorable constitutional claim. See Subia v. Comm’r of Soc. Sec., 264 F.3d 899, 902 (9th Cir. 2001). We agree with the district court that there is no statutory basis for Ullrich’s claim that he is owed additional benefits as a disadvantaged minority.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.