Theodore Justice v. Commissioner of Social Security ( 2024 )


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  • USCA4 Appeal: 24-1525      Doc: 12         Filed: 11/21/2024    Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 24-1525
    THEODORE JUSTICE, individually and on behalf of all others similarly situated,
    Plaintiff - Appellant,
    v.
    COMMISSIONER OF SOCIAL SECURITY; SPEAKER OF THE HOUSE OF
    REPRESENTATIVES,
    Defendants - Appellees.
    Appeal from the United States District Court for the District of Maryland, at Baltimore.
    Matthew James Maddox, District Judge. (1:24-cv-01372-MJM)
    Submitted: November 19, 2024                                Decided: November 21, 2024
    Before QUATTLEBAUM, RUSHING, and BENJAMIN, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Theodore Justice, Appellant Pro Se. James Austin McTigue, SOCIAL SECURITY
    ADMINISTRATION, Baltimore, Maryland, for Appellee Commissioner of Social
    Security.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 24-1525      Doc: 12         Filed: 11/21/2024      Pg: 2 of 2
    PER CURIAM:
    Theodore Justice appeals the district court’s order denying his request for
    preliminary relief and dismissing his complaint for lack of jurisdiction. We have reviewed
    the record and find no reversible error. * Accordingly, we affirm the district court’s order.
    Justice v. Comm’r of Soc. Sec., No. 1:24-cv-01372-MJM (D. Md. June 6, 2024). We deny
    as moot Justice’s motion to seal the supplement to his informal brief, as that document is
    not accessible on this court’s public docket. We dispense with oral argument because the
    facts and legal contentions are adequately presented in the materials before this court and
    argument would not aid the decisional process.
    AFFIRMED
    *
    We observe that the district court erred in finding it lacked jurisdiction over
    Justice’s complaint due to his failure to exhaust administrative remedies. See L.N.P. v.
    Kijakazi, 
    64 F.4th 577
    , 585 (4th Cir. 2023). Upon review, however, we conclude that the
    district court nonetheless did not err by dismissing Justice’s complaint for failure to
    exhaust. See 
    id. at 586
     (explaining that, in appropriate circumstances, affirmative defense
    of exhaustion may be reviewed under Fed. R. Civ. P. 12(b)(6)).
    2
    

Document Info

Docket Number: 24-1525

Filed Date: 11/21/2024

Precedential Status: Non-Precedential

Modified Date: 11/25/2024