Bailey v. Social Security Administration

Filing 8

ORDER granting 6 Defendant's Motion to Dismiss. Plaintiff filed his Complaint late, and the Court must dismiss the Complaint as untimely. Signed by Magistrate Judge Joe J. Volpe on 3/6/2012. (jct)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
HAROLD BAILEY,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner,
Social Security Administration,
Defendant.

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Case No. 3:12-cv-017-JJV

ORDER
Before the Court is Defendant’s Motion to Dismiss (Doc. No. 6). Plaintiff has not responded
to the Motion.
On November 16, 2011, the Appeals Council denied Plaintiff’s request for review of the
administrative law judge’s decision. The Appeals Council’s Notice informed Plaintiff that he would
have to file a Complaint within 60 days after he received the Appeals Council’s Notice, and that the
Social Security Administration assumes Plaintiff received the Notice 5 days after the date on the
Notice. Thus, based on the November 16, 2011, date on the Appeals Council’s Notice, Plaintiff
must have commenced his civil action on or before January 20, 2012. Instead, Plaintiff filed his
instant Complaint on January 23, 2012.
Accordingly, Plaintiff filed his Complaint late, and the Court must dismiss the Complaint
as untimely.
SO ORDERED this 6th day of March, 2012.

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JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE