Billy Grisso v. Regional 7 Director

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No. 96-2611
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Billy Grisso, *
*
Appellant, *
*
v. *
*
Regional 7 Director, Social * Appeal from the United States
Security Administration; * District Court for the
Regional 7 Commissioner, * Western District of Missouri.
Social Security Administration; *
Joseph R. Muffolett, Director, *
Social Security Administration, * [UNPUBLISHED]
Office of Disability and *
International Operations; Donna *
E. Shalala, *
*
Appellees. *

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Submitted: January 21, 1997

Filed: January 30, 1997
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Before HANSEN, MORRIS SHEPPARD ARNOLD, MURPHY, Circuit Judges.
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PER CURIAM.

Billy Grisso appeals from the district court's order
dismissing his mandamus action for lack of subject matter
jurisdiction. Grisso sought a writ of mandamus to compel
consideration of his pending administrative appeal for benefits
under 42 U.S.C. § 402(x)(1) (1993) (amended 1994) (individual
confined in jail for felony not entitled to monthly benefits unless
participating in rehabilitation program approved by court of law
and Secretary). We note the district court had subject matter
jurisdiction to consider Grisso's request for mandamus relief under
28 U.S.C. § 1361, see Linquist v. Bowen, 813 F.2d 884, 887 n.12

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(8th Cir. 1987) (mandamus relief is appropriate in Social Security
case when dispute involves collateral issue unrelated to outcome of
eligibility determination); however, during the pendency of this
appeal, the agency awarded his requested benefits. Therefore, we
dismiss this appeal, vacate the district court's order and
judgment, and remand the case with instructions to dismiss. See
Beck v. Missouri State High Sch. Activities Ass'n, 18 F.3d 604, 605
(8th Cir. 1994) (per curiam) (federal courts lack power to decide
moot cases).

Finally, because Grisso's remaining motions are also moot, we
do not address them.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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