Amos v. Blue Cross NM

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 19, 2003
• Docket: 03-30064
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 18, 2003

Charles R. Fulbruge III Clerk No. 03-30064 Summary Calendar

MATTIE AMOS,

Plaintiff-Appellant,

versus

BLUE CROSS & BLUE SHIELD OF NEW MEXICO, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company; DAVID DAVEFIEDLER; KATHY GRIFFIN; DEBBIE DIXON; BONNIE MICHALSKI; KEN GODBOLD; JIM STREET, doing business as Healthcare Financial Administration,

Defendants-Appellees.

KATHY GRIFFIN; DEBBIE DIXON; BONNIE MICHALSKI; KEN GODBOLD,

Defendants-Appellees. -------------------- Appeal from the United States District Court for the Western District of Louisiana USDC Nos. 01-CV-759 & 02-CV-1222 --------------------

Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Mattie Amos, a former Medicare provider, appeals the district

court’s dismissal for lack of jurisdiction of her claims arising

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. under the Medicare Act, 42 U.S.C. §§ 1395 et seq. Amos alleged in

the district court that the defendants committed fraud by

intentionally falsifying Medicare records in order to steal

“millions of dollars” from Amos’s business, P.D.C. Home Health Care

Services. Amos does not dispute that she has failed to exhaust her

administrative remedies as required by the Medicare Act. Under

these circumstances, the district court lacked jurisdiction over

Amos’s complaint. Heckler v. Ringer, 466 U.S. 602, 605-07 & n.1

(1984); Riley Hosp. & Benevolent Ass’n v. Bowen, 804 F.2d 302, 304

(5th Cir. 1986).

In light of the fact that federal jurisdiction does not exist,

we pretermit consideration of Amos’s other appellate arguments.

AFFIRMED.