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)

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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

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