Robert Stewart v. Kilolo Kijakazi ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 5 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERT JAMES STEWART, No. 22-35751
Plaintiff-Appellant, D.C. No. 2:22-cv-00185-ACE
v.
MEMORANDUM*
KILOLO KIJAKAZI, Acting Commissioner
of Social Security,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of Washington
Alexander C. Ekstrom, Magistrate Judge, Presiding
Submitted June 26, 2023**
Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.
Robert James Stewart appeals pro se from the district court’s order
dismissing without prejudice his action alleging unlawful denial of benefits under
the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291. We review
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
de novo a dismissal under 28 U.S.C. § 1915(e)(2). Watison v. Carter, 668 F.3d
1108, 1112 (9th Cir. 2012). We affirm.
The district court properly dismissed Stewart’s action because Stewart failed
to allege facts sufficient to establish exhaustion of administrative requirements or
to state a plausible claim against the Commissioner of Social Security. See
42 § U.S.C. 405(g); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (to avoid
dismissal, “a complaint must contain sufficient factual matter, accepted as true, to
state a claim to relief that is plausible on its face” (citation and internal quotation
marks omitted)).
All pending motions are denied.
AFFIRMED.
2 22-35751