Carney v. Califano

*538ORDER

RUSSELL G. CLARK, District Judge.

Joe R. Carney, plaintiff in the above action, has filed a complaint pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to obtain judicial review of a decision of the Secretary of HEW denying plaintiff disability benefits. On January 20, 1978 the Secretary filed a motion to dismiss on the grounds that (1) plaintiff had failed to state a claim upon which relief could be granted; and (2) this Court was without jurisdiction over the subject matter of the action. Plaintiff has opposed this motion. Included with defendant’s motion to dismiss…