Charles Hironymous v. Dr. Otis R. Bowen, Secretary of Health and Human Services

CANBY, Circuit Judge:

Charles Hironymous appeals the district court’s dismissal of his action against Dr. Otis R. Bowen, Secretary of Health and Human Services (“the Secretary”). Hiro-nymous sought a writ of mandamus to compel the Secretary to pay him Supplemental Security Income benefits. The district court found that it had subject matter jurisdiction over Hironymous’s action, but dismissed it on the merits. We find that because Hironymous failed to exhaust his administrative remedies, the district court lacked subject matter jurisdiction over the action. We therefore vacate the district…