North v. Chater ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-20948
Summary Calendar
JESSE NORTH,
Plaintiff-Appellant,
versus
SHIRLEY S. CHATER, Commissioner of Social Security
Defendant-Appellee.
Appeal from the United States District Court
for the Southern District of Texas
CA-H-94-3204
May 27, 1996
Before JOHNSON, JOLLY, and DAVIS, Circuit Judges.
Per Curiam:*
Jesse North appeals the district court’s denial of his request for judicial review of a
decision by the Commissioner of the Social Security Administration (“the Commissioner”). The
district court made its denial on the grounds of res judicata. North’s present suit stems from an
award of benefits following a 1990 application. However, in this suit North effectively requested
the district court to review the Commissioner’s decision not to reopen a January 1986 application
*
Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published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 Local Rule 47.5.4.
for benefits. The district court is unable to fulfill this request because federal courts lack subject
matter jurisdiction to review the Commissioner’s decision not to reopen a prior, fully-adjudicated
application. See Ellis v. Schweiker, 662 F.2d 419, 419 (5th Cir. 1981). Therefore, we affirm the
district court’s denial of judicial review of North’s application for benefits on the alternate
ground that the district court lacked subject matter jurisdiction to review the Commissioner’s
decision to reopen North’s case. See Sojourner T. V. Edwards, 974 F.2d 27, 30 (5th Cir. 1992),
cert. denied, 507 U.S. 972 (1993).
AFFIRMED.
2