Stewart HOYE, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an “ALJ was fully empowered to dismiss the request for a hearing” where the claimant’s good cause showing “was insufficient”
• finding that when a plaintiff “waived his opportunity for a hearing,” “he failed to exhaust the administrative remedy upon which judicial review depends”
• “The 5 mere allegation of a substantive due process violation is not sufficient to raise a ‘colorable’ 6 constitutional claim to provide subject matter jurisdiction.”
• “A constitutional 25 claim is not ‘colorable’ if it ‘clearly appears to be immaterial and made solely for the purpose 26 of obtaining jurisdiction or is wholly insubstantial or frivolous.’”
• “A constitutional claim is not colorable if it clearly appears to be immaterial and made solely for the purpose of obtaining jurisdiction or . . . is wholly insubstantial or frivolous.” (internal quotations omitted)

Source: CourtListener parenthetical corpus (CC0).