Dewhart v. Social Security Administration Commissioner

Filing 9

ORDER directing the plaintiff to file a response to defendant's motion to dismiss case on or before 2/18/2013 re 7 . Signed by Honorable James R. Marschewski on January 17, 2013. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
FRANK DEWHART
v.

PLAINTIFF
Case No. 12-2290

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT
ORDER

On January 17, 2013, 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 September 18, 2012, but Plaintiff did not file his Complaint with
this court until November 26, 2012. Accordingly, Plaintiff is hereby directed to file a response to
Defendant’s Motion to Dismiss on or before February 18, 2013.
IT IS SO ORDERED this 17th day of January 2013.

J. Marschewski

/s/
HON. JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE