Stephan Fleming v. Michael J. Astrue
This text of 496 F. App'x 693 (Stephan Fleming v. Michael J. Astrue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Stephan A. Fleming appeals the district court’s 1 order dismissing his appeal for lack of jurisdiction. Upon de novo review, see Clarinda Home Health v. Shalala, 100 F.3d 526, 528 (8th Cir.1996), we agree with the district court that there was no constructive or de facto reopening of Fleming’s earlier application, and thus that subject matter jurisdiction was lacking, see *694 King v. Chater, 90 F.3d 323, 325 (8th Cir. 1996). The district court is affirmed.
. The Honorable John M. Gerrard, United States District Judge for the District of Nebraska.
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496 F. App'x 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephan-fleming-v-michael-j-astrue-ca8-2013.