Felipe OTEZE FOWLKES, Plaintiff-Appellant,
v.
John ADAMEC, Counselor, Paul Thomas, District Manager, and Joseph F. Gibbons, Administrative Law Judge, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: November 16, 2005.
Decided: December 6, 2005.
Attorney(s) appearing for the Case
Gerald A McIntyre, National Senior Citizens Law Center (Roberta L. Mueller, on the brief), Los Angeles, CA, for Plaintiff-Appellant.
Dennis J. Canning, Assistant Regional Counsel, Social Security Administration (Lisa De Soto, General Counsel, Barbara L. Spivak, Chief Counsel, Region II, Social Security Administration; Joseph A. Pavone, United States Attorney for the Northern District of New York, Albany, NY, on the brief), New York, NY, for Defendants-Appellees.
Rochelle Bobroff, AARP Foundation Litigation (Stuart Cohen, AARP Foundation Litigation; Michael Schuster, AARP, on the brief), Washington, D.C., for Amicus Curiae AARP in support of Plaintiff-Appellant.
Catherine M. Callery, Greater Upstate Law Project, Inc., Rochester, NY; Louise M. Tarantino, Greater Upstate Law Project, Inc., Albany, N.Y. (Barbara Samuels, Legal Services for New York City, New York, NY; William Leinhard, Urban Justice Center, New York, NY; Joanne Lewis, Connecticut Legal Services, Middletown, CT; Charlotte Fischman, Kramer Levin Naftalis & Frankel LLP, New York, NY; Greg Bass, Greater Hartford Legal Aid, Inc., Hartford, CT, Maryann Zavez, South Royalton Legal Clinic at Vermont Law School, South Royalton, VT; Shelley White, New Haven Legal Assistance Assoc., New Haven, CT, on the brief), for Amici Curiae GULP, et al., in support of Plaintiff-Appellant's request for reversal of the District Court's decision.
Before: STRAUB and RAGGI, Circuit Judges, and RAKOFF, District Judge.
United States Court of Appeals, Second Circuit.
STRAUB, Circuit Judge.
Plaintiff-Appellant Felipe Oteze Fowlkes ("Fowlkes") appeals from a March 31, 2003, judgment of the United States District Court for the Northern District of New York (Thomas J. McAvoy, Judge) dismissing his civil rights action, which alleges improper suspension of his social security benefits, and declining to treat the action as a petition for review of a decision of the Social Security Administration ("SSA" or the "Commissioner")....
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