                  United States Court of Appeals
                             For the Eighth Circuit
                         ___________________________

                                 No. 12-2196
                         ___________________________

                                 Stephan A. Fleming

                        lllllllllllllllllllll Plaintiff - Appellant

                                            v.

      Michael J. Astrue, Commissioner of the Social Security Administration

                        lllllllllllllllllllll Defendant - Appellee
                                       ____________

                     Appeal from United States District Court
                      for the District of Nebraska - Lincoln
                                  ____________

                             Submitted: January 4, 2013
                              Filed: January 11, 2013
                                  ____________

Before BYE, GRUENDER, and BENTON, Circuit Judges.
                           ____________

PER CURIAM.

       Stephan A. Fleming appeals the district court’s1 order dismissing his appeal for
lack of jurisdiction. Upon de novo review, see Clarinda Home Health v. Shalala, 100
F.3d 526, 528 (8th Cir. 1996), we agree with the district court that there was no

      1
      The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska.
constructive or de facto reopening of Fleming’s earlier application, and thus that
subject matter jurisdiction was lacking, see King v. Chater, 90 F.3d 323, 325 (8th Cir.
1996). The district court is affirmed.
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