Amos v. Blue Cross NM, et al

*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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 18, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30064
Summary Calendar
MATTIE AMOS,
Plaintiff-Appellant,
versus
BLUE CROSS & BLUE SHIELD OF NEW MEXICO, a Division of Health Care
Service Corporation, a Mutual Legal Reserve Company; DAVID
DAVEFIEDLER; KATHY GRIFFIN; DEBBIE DIXON; BONNIE MICHALSKI; KEN
GODBOLD; JIM STREET, doing business as Healthcare Financial
Administration,
Defendants-Appellees.
MATTIE AMOS,
Plaintiff-Appellant,
versus
KATHY GRIFFIN; DEBBIE DIXON; BONNIE MICHALSKI; KEN GODBOLD,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC Nos. 01-CV-759 & 02-CV-1222
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Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Mattie Amos, a former Medicare provider, appeals the district
court’s dismissal for lack of jurisdiction of her claims arising

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under the Medicare Act, 42 U.S.C. §§ 1395 et seq. Amos alleged in
the district court that the defendants committed fraud by
intentionally falsifying Medicare records in order to steal
“millions of dollars” from Amos’s business, P.D.C. Home Health Care
Services. Amos does not dispute that she has failed to exhaust her
administrative remedies as required by the Medicare Act. Under
these circumstances, the district court lacked jurisdiction over
Amos’s complaint. Heckler v. Ringer, 466 U.S. 602, 605-07 & n.1
(1984); Riley Hosp. & Benevolent Ass’n v. Bowen, 804 F.2d 302, 304
(5th Cir. 1986).
In light of the fact that federal jurisdiction does not exist,
we pretermit consideration of Amos’s other appellate arguments.
AFFIRMED.

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