In Re: Franklin Smith, No. 16-1912 (4th Cir. 2016)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1912 In re: FRANKLIN C. SMITH, Petitioner.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 Before GREGORY, Judges. Chief Judge, Decided: and MOTZ and November 21, 2016 TRAXLER, Circuit Petition dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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. he exhausted petition. However, Smith presents no evidence that administrative procedures prior to filing this 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 mandamus petition. facts and materials legal before motions to compel and dismiss his We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. PETITION DISMISSED 2

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