Galarza v. Secretary of Health, Education & Welfare

OPINION AND ORDER

TOLEDO, Chief Judge.

The plaintiff herein, through his attorney, alleges that inasmuch as his disability benefits were reduced by defendant without benefit of a prior hearing his constitutional due process rights as described in Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970), were violated. Seemingly, the United States District Court for the District of Hawaii upheld a similar contention in Eliot v. Richardson, 41 L.W. 2554.

We have no power to reach the constitutional issue, however, and accordingly must dismiss this action in view of plaintiff’s failure…