Nelson v. Social Security Administration

Filing 24

ORDER directing plaintiff to file a response to 22 MOTION to Dismiss For Failure to State a Claim filed by Social Security Administration Commissioner, on or before 3/2/12. Signed by Honorable James R. Marschewski on January 18, 2012. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION CHAD NELSON v. PLAINTIFF Case No. 11-2085 MICHAEL J. ASTRUE, Commissioner Social Security Administration DEFENDANT ORDER On January 17, 2012, the Defendant filed a Motion to Dismiss Plaintiff’s Complaint for Failure to State a Claim. Specifically, Defendant contends that Plaintiff failed to file his Complaint within sixty days of receiving the Appeals Council’s denial of review, as is required by section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). It appears that the Appeals Council denied Plaintiff’s request for review on December 2, 2010, but Plaintiff did not file his Complaint with this court until March 28, 2011. Accordingly, Plaintiff is hereby directed to file a response to Defendant’s Motion to Dismiss on or before March 2, 2012. Plaintiff’s response should focus on explaining his delay in the filing of his Complaint with this Court. IT IS SO ORDERED this 18th day of January 2012. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI CHIEF UNITED STATES MAGISTRATE JUDGE

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