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    This document is an order from the United States Court of Appeals for the Tenth Circuit affirming the district court's dismissal of Samuel Wilder's case. The district court dismissed the case for lack of jurisdiction and for Wilder's failure to exhaust administrative remedies. Wilder had appealed the denial of his application for reenrollment in the food stamp program. The appeals court found that Wilder failed to comply with regulations requiring able-bodied adults to work in order to receive food stamps for more than 3 months in 36 months. The court also determined that it did not have jurisdiction over decisions of state administrative agencies and that Wilder had failed to show Oklahoma's regulations violated federal food stamp laws.

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    Filed: Patrick Fisher

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    This document is an order from the United States Court of Appeals for the Tenth Circuit affirming the district court's dismissal of Samuel Wilder's case. The district court dismissed the case for lack of jurisdiction and for Wilder's failure to exhaust administrative remedies. Wilder had appealed the denial of his application for reenrollment in the food stamp program. The appeals court found that Wilder failed to comply with regulations requiring able-bodied adults to work in order to receive food stamps for more than 3 months in 36 months. The court also determined that it did not have jurisdiction over decisions of state administrative agencies and that Wilder had failed to show Oklahoma's regulations violated federal food stamp laws.

    Original Description:

    Filed: 1998-05-19 Precedential Status: Non-Precedential Docket: 97-5175

    Original Title

    Wilder v. Oklahoma D.H.S., 10th Cir. (1998)

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    This document is an order from the United States Court of Appeals for the Tenth Circuit affirming the district court's dismissal of Samuel Wilder's case. The district court dismissed the case for lack of jurisdiction and for Wilder's failure to exhaust administrative remedies. Wilder had appealed the denial of his application for reenrollment in the food stamp program. The appeals court found that Wilder failed to comply with regulations requiring able-bodied adults to work in order to receive food stamps for more than 3 months in 36 months. The court also determined that it did not have jurisdiction over decisions of state administrative agencies and that Wilder had failed to show Oklahoma's regulations violated federal food stamp laws.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    3 views3 pages

    Filed: Patrick Fisher

    Uploaded by

    Scribd Government Docs
    This document is an order from the United States Court of Appeals for the Tenth Circuit affirming the district court's dismissal of Samuel Wilder's case. The district court dismissed the case for lack of jurisdiction and for Wilder's failure to exhaust administrative remedies. Wilder had appealed the denial of his application for reenrollment in the food stamp program. The appeals court found that Wilder failed to comply with regulations requiring able-bodied adults to work in order to receive food stamps for more than 3 months in 36 months. The court also determined that it did not have jurisdiction over decisions of state administrative agencies and that Wilder had failed to show Oklahoma's regulations violated federal food stamp laws.

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    F I L E D

    UNITED STATES COURT OF APPEALS


    FOR THE TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    MAY 19 1998

    PATRICK FISHER
    Clerk

    SAMUEL J. WILDER,
    Plaintiff-Appellant,
    v.
    OKLAHOMA DEPARTMENT OF
    HUMAN SERVICES,

    No. 97-5175
    (D.C. No. 97-CV-478-B)
    (N.D. Okla.)

    Defendant-Appellee.

    ORDER AND JUDGMENT *

    Before BALDOCK, EBEL, and MURPHY, Circuit Judges.

    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination of
    this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore
    ordered submitted without oral argument.

    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. The court
    generally disfavors the citation of orders and judgments; nevertheless, an order
    and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

    Plaintiff Samuel J. Wilder appeals from an order of the district court


    dismissing his request for declaratory and injunctive relief for lack of jurisdiction
    and for failure to exhaust his administrative remedies. We affirm.
    On March 18, 1997, Mr. Wilder was notified that his eligibility for food
    stamps would expire April 30, 1997, and that he needed to reapply by April 15,
    1997. He returned his application May 7, 1997. Consequently, no
    redetermination of his eligibility could be made until after his benefits had
    expired. Mr. Wilder commenced this action May 16, 1997, seeking to have the
    federal court order defendant to comply with federal guidelines in evaluating his
    application for food stamps. Defendant denied Mr. Wilders application May 20,
    1997. Defendant held that Mr. Wilder had failed to comply with new regulations
    which mandate that able-bodied adults without dependents comply with work
    requirements to be eligible to participate in the food stamp program for longer
    than three months during any thirty-six month period. See Okla. Stat. tit. 56,
    241.3(A). Mr. Wilder was notified of his right to appeal that decision.
    The district court dismissed the action both because Mr. Wilder had not
    exhausted his administrative remedies and because the federal court had no
    jurisdiction over this action. See, e.g., Okla. Stat. tit. 56, 168. Mr. Wilder
    appeals arguing that this ruling was in error. He also contends the requirement

    -2-

    of exhaustion is discretionary, his administrative remedies are ineffective, and


    defendant unduly delayed ruling on his application.
    Mr. Wilder failed to comply with the regulations. His failure does not
    amount to undue delay on the part of defendant. Mr. Wilder should have
    followed the administrative appellate procedures if he disagreed with defendants
    denial of his reapplication for food stamps. Federal courts do not have
    jurisdiction to review administrative decisions of state agencies. See Bush v.
    Real Estate Commn, No. 93-1196, 1993 WL 523198, at *1 (10th Cir. Dec. 16,
    1993); Gale v. Moore, 587 F. Supp. 1491, 1494 (W.D. Mo. 1984) (federal court
    does not have jurisdiction to review the decisions of state administrative
    agencies to determine if they are based upon correct information.), affd, as
    modified on other grounds, 763 F.2d 341 (8th Cir. 1985). Further, Mr. Wilder
    has not shown that the regulations and procedures set in place by Oklahoma
    violate the purpose of the Food Stamp Program Act, 7 U.S.C. 2011; see also,
    id. 2020.
    The judgment of the United States District Court for the Northern District
    of Oklahoma is AFFIRMED.
    Entered for the Court

    David M. Ebel
    Circuit Judge
    -3-

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