Maria Metko v. Ssa , 362 F. App'x 870 ( 2010 )


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  •                              NOT FOR PUBLICATION
    UNITED STATES COURT OF APPEALS                       FILED
    FOR THE NINTH CIRCUIT                          JAN 22 2010
    MOLLY C. DWYER, CLERK
    U .S. C O U R T OF APPE ALS
    MARIA METKO,                                    No. 08-17285
    Plaintiff - Appellant,            D.C. No. 3:07-cv-00226-BES-
    RAM
    v.
    SOCIAL SECURITY                                 MEMORANDUM *
    ADMINISTRATION; et al.,
    Defendants - Appellees.
    Appeal from the United States District Court
    for the District of Nevada
    Brian E. Sandoval, District Judge, Presiding
    Submitted January 11, 2010 **
    Before:        BEEZER, TROTT, and BYBEE, Circuit Judges.
    Maria Metko appeals pro se from the district court’s judgment dismissing
    her action for failure to exhaust administrative remedies under the Social Security
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    LS/Research
    Act (“SSA”). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de
    novo, Kildare v. Saenz, 
    325 F.3d 1078
    , 1082 (9th Cir. 2003), and we affirm.
    The district court properly concluded that it lacked subject matter
    jurisdiction because Metko failed to exhaust her administrative remedies before
    filing this action. See 
    id. at 1082-86
    (affirming dismissal for lack of subject matter
    jurisdiction where plaintiffs failed to exhaust administrative remedies under the
    SSA). We construe the dismissal as without prejudice. See O’Guinn v. Lovelock
    Corr. Ctr., 
    502 F.3d 1056
    , 1063 (9th Cir. 2007) (concluding that dismissal without
    prejudice is proper where plaintiff failed to exhaust administrative remedies).
    Metko’s remaining contentions are unavailing.
    AFFIRMED.
    LS/Research                                2
    

Document Info

Docket Number: 08-17285

Citation Numbers: 362 F. App'x 870

Filed Date: 1/22/2010

Precedential Status: Non-Precedential

Modified Date: 1/12/2023