Sanders v. Astrue

Filing 6

MEMORANDUM AND ORDER--IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed with this Memorandum and Order. Signed by District Judge Jean C. Hamilton on 01/22/2013. (CLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANTHONY SANDERS,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Defendant.

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No. 4:12CV2229 JCH

MEMORANDUM AND ORDER
The Court previously ordered plaintiff to show cause why this action should not
be dismissed as time-barred. Plaintiff has failed to do so.
Plaintiff received notice of the final decision of the Commissioner of Social
Security on June 28, 2012. Under 42 U.S.C. § 405(g), plaintiff had sixty days from
receiving the final notice to file a social security appeal in this Court. In this case, the
sixty-day period ended on August 27, 2012. Plaintiff did not submit the instant appeal,
however, until November 27, 2012. As a result, the Court will dismiss this action as
time-barred. See 28 U.S.C. § 1915(e)(2)(B) (in forma pauperis review); Myers v.
Vogal, 960 F.2d 750, 751 (8th Cir. 1992) (“Although the statute of limitations is an
affirmative defense, a district court may properly dismiss an in forma pauperis
complaint under 28 U.S.C. § 1915[e] when it is apparent the statute of limitations has
run.”).

Accordingly,
IT IS HEREBY ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed with this Memorandum and Order.
Dated this 22nd day of January, 2013.

/s/Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

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