Acuff v. Social Security Administration Commissioner

Filing 9

JUDGMENT granting 6 Motion to Dismiss Case (CASE DISMISSED). Signed by Honorable James R. Marschewski on November 25, 2008. (Copy to ALJ & OHA with Opinion) (jn)

IN THE UNITED STATES DISTRICT COURT WE S T E R N DISTRICT OF ARKANSAS FA Y E TT E V ILLE DIVISION A D A M LEE ACUFF v. C IV IL NO. 08-5201 PLA IN T IFF

M IC H A EL J. ASTRUE, Commissioner S o cial Security Administration

D E FE N D A N T

JUDGMENT Presently before the court is defendant's motion to dismiss plaintiff's Complaint as untimely. (Doc. #6). Plaintiff brought this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) finding that plaintiff was not entitled to a period of disability, disability benefits, or supplemental security income under Titles II and XVI of the Social Security Act. For the reasons set forth in this Court's Memorandum Opinion, the defendant's motion is hereby granted and the clerk is ordered to dismiss plaintiff's Complaint. IT IS SO ORDERED this 25th day of November 2008. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE