Salazar v. Barnhart

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50998
Summary Calendar
JAIME O SALAZAR,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, Commissioner of Social Security,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-99-CV-974
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September 9, 2002
Before JOLLY, EMILIO M. GARZA and PARKER, Circuit Judges.
PER CURIAM:*
Jaime O. Salazar appealed the district court’s judgment
affirming the Commissioner’s decision to deny his claim for
Social Security benefits. After filing this appeal, Salazar
died. Salazar’s counsel has been unable to locate any member of
Salazar’s family willing to prosecute the appeal. Counsel’s
motion under FED. R. APP. P. 43(a)(1) to substitute himself as the
party to this proceeding is DENIED.

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No. 00-50998
-2-
The Commissioner has moved to dismiss the appeal because
there is no personal representative of Salazar who desires to
prosecute the appeal. As a reasonable attempt has been made to
locate such a representative, we may dismiss the appeal under
FED. R. APP. P. 43(a)(1). Gamble v. Thomas, 655 F.2d 568, 569
(5th Cir. 1981). The Commissioner’s motion to dismiss is
GRANTED, and the appeal is DISMISSED.

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