Elbert Brown v. Jo Anne B. Barnhart, (8th Cir. 2003)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 02-3722
Elbert Brown, Appellant, v. Jo Anne B. Barnhart, Commissioner of Social Security Administration, Appellee.
Submitted: July 30, 2003 Filed: August 5, 2003
Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
PER CURIAM.
Elbert Brown appeals the district courtÂ’s jurisdiction Brown's appeal of the CommissionerÂ’s denial of disability insurance benefits (DIB). When Brown filed a third application for DIB, the Commissioner dismissed Brown's request for a hearing on the basis of res judicata; the Commissioner also determined good cause did not exist to reopen the final decision
District of Arkansas, adopting the report and recommendations of the Honorable Jerry Cavaneau, United States Magistrate Judge for the Eastern District of Arkansas.
on BrownÂ’s second application. The district court concluded it lacked jurisdiction to review the CommissionerÂ’s res judicata determination and refusal to reopen. On de novo review, see Boock v. Shalala, 48 F.3d 348, 351 & n.2 (8th Cir. 1995), we affirm for the reasons stated by the district court. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Appeal from the United States
District Court for the Eastern
District of Arkansas.
[UNPUBLISHED]
order dismissing for lack of
The Honorable James M. Moody, United States District Judge for the Eastern
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