MEMORANDUM OPINION AND ORDER
ASPEN, District Judge:
This action arises out of the dismissal of plaintiff Anton Novak's claim for benefits under Title II of the Social Security Act, 42 U.S.C. §§ 416, 423. Presently before the court is the Secretary's motion to dismiss Novak's complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). For the reasons set forth below, we grant the Secretary's motion to...
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