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)

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