French v. Social Security Administration Commissioner

Filing 17

ORDER adopting 9 Report and Recommendations; granting 8 Motion to Dismiss Case. Signed by Honorable Susan O. Hickey on October 28, 2014. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION

CHRISTOPHER E. FRENCH
v.

PLAINTIFF
Case No. 1:14-CV-01009

CAROLYN CRAVEN Commissioner,
Social Security Administration

DEFENDANT
ORDER

Before the Court is the Report and Recommendation filed May 9, 2014, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 9).
Judge Bryant recommends that Defendant’s Motion to Dismiss (ECF No. 8) be granted. Plaintiff
has responded with timely objections. (ECF No. 10). The Defendant has filed a Response to
Plaintiff’s objections. (ECF No. 14). The Court finds this matter ripe for its consideration.
Plaintiff seeks judicial review of a final decision of the Commissioner of the Social Security
Administration, denying his application for Supplemental Social Security Income and a period of
disability under the Act. The Commissioner noticed Plaintiff that his request for review was denied
on November 29, 2013. (ECF No. 8). Plaintiff then had sixty days, or until February 3, 2014, to
commence his civil action to review the final decision of the Commissioner. 42 U.S.C. § 405(g).
Plaintiff untimely filed his complaint on February 10, 2014. (ECF No. 1).
Plaintiff argues that he timely prepared and mailed his Complaint on January 28, 2014, but
that there was a delay either in the United States Postal Service or in the Federal District Court
Clerk’s office. However, the attorney assumes the risk that there may be a slight disruption of
ordinary mail service which may delay filing. Hallgreen v. U.S. Dep’t of Energy, 331 F.3d 588, 590
(8th Cir. 2003).

For the reasons stated herein, as well as those contained in the Report and Recommendation,
the Court overrules Plaintiff’s objections and adopts the Report and Recommendation in its entirety.
(ECF No. 9). Accordingly, Defendant’s Motion to Dismiss (ECF No. 8) is hereby GRANTED.
IT IS SO ORDERED, this 28th day of October, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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