Whitfield v. Social Security Administration
Filing
20
ORDER: The Court overrules 19 Objection, and, on de novo review, adopts 18 Recommendation. The 15 Motion to Dismiss, construed as a motion for summary judgment, is granted. Whitfield's amended complaint will be dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 5/17/2017. (jak)
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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
LINDA FAYE WHITFIELD, on
behalf of William Lamar Weaver
v.
PLAINTIFF
No. 3:16-cv-151-DPM
SOCIAL SECURITY ADMINISTRATION,
Commissioner
DEFENDANT
ORDER
The Court overrules Whitfield's objection, NQ 19, and, on de nova review
adopts Magistrate Judge Ray's recommendation, NQ 18. Whitfield didn't
timely seek judicial review of the agency decision; and she has not shown any
circumstance that justifies equitably tolling the deadline. Medallin v. Shalala,
23 F.3d 199, 203-04 (8th Cir. 1994). The Commissioner's motion to dismiss,
NQ 15, construed as a motion for summary judgment, is granted. Whitfield's
amended complaint will be dismissed with prejudice.
So Ordered.
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