LOCKHART v. U.S.

No. 02-35759.

376 F.3d 1027 (2003)

James LOCKHART, Plaintiff-Appellant, v. UNITED STATES of America; John Ashcroft, Attorney General; Roderick R. Paige, as Secretary of the United States Department of Education; Paul O'Neill, United States Department of the Treasury, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2004.


Attorney(s) appearing for the Case

Willie Jordan-Curtis, Jill Sosin, Christopher Scott Jones, Nicole Bunker-Henderson, Ross W. Henderson, The University of Arizona College of Law Pro Bono Appellate Project, Tucson, AZ, for the plaintiff-appellant.

Phillip H. Lynch, Assistant United States Attorney, Tacoma, WA, for the defendants-appellees.

Before: NOONAN, WARDLAW, and PAEZ, Circuit Judges.


NOONAN, Circuit Judge:

James Lockhart appeals the dismissal of his complaint by the district court for lack of subject matter jurisdiction and for failure to state a claim for which relief can be granted. We construe Lockhart's pro se pleading liberally and hold that he has asserted a basis for jurisdiction and a cognizable claim for an injunction to stay the government's offset of his Social Security benefits. On the merits, however, we hold that Lockhart's benefits...

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