UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1912
In re: FRANKLIN C. SMITH,
Petitioner.
On Petition for Writ of Mandamus
Submitted: November 17, 2016 Decided: November 21, 2016
Before GREGORY, Chief Judge, and MOTZ and TRAXLER, Circuit
Judges.
Petition dismissed by unpublished per curiam opinion.
Franklin C. Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Franklin C. Smith petitions for a writ of mandamus seeking
to compel the Social Security Administration (SSA) to reinstate
disability benefits. However, Smith presents no evidence that
he exhausted administrative procedures prior to filing this
petition. See Mathews v. Eldridge, 424 U.S. 319, 328 (1976).
Absent exhaustion of administrative procedures, courts maintain
jurisdiction over a petition for a writ of mandamus only if the
petitioner establishes that “the administrative process normally
available is not accessible” because the agency fails or refuses
to act. U.S. ex rel. Rahman v. Oncology Assocs., P.C., 198 F.3d
502, 515 (4th Cir. 1999). Smith has not demonstrated that the
SSA has refused to consider his case, and we therefore do not
have jurisdiction to consider Smith’s petition.
Accordingly, although we grant leave to proceed in forma
pauperis, we deny Smith’s motions to compel and dismiss his
mandamus petition. 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.
PETITION DISMISSED
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