Williams v. Colvin

Filing 14

ORDER granting 12 Motion to Dismiss for Lack of Jurisdiction - Signed by District Judge Louise Wood Flanagan on 11/26/2014. (Baker, C.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION No. 2:14-CV-55-FL KELVIN GRANT WILLIAMS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER OF DISMISSAL The Docket and pleadings show that the first filing by the Plaintiff was on September 9, 2014. The final decision of the Commissioner was dated June 3, 2014. Allowing 5 days for the Plaintiff to receive the final decision (see 20 C.F.R. § 404.901), and 60 days to file a civil action (see 42 U.S.C. § 405(g); 20 C.F.R. § 404.981), the last day for the Plaintiff to commence this action timely was September 8, 2014, a Monday. The action was commenced untimely. Therefore, the Complaint is dismissed with prejudice, pursuant to F.R.Civ. P. 12(b)(6). This is a final judgment. The Clerk of Court shall enter judgment in accordance with Rules 58 and 79 of the Federal Rules of Civil Procedure and is directed to close the case. It is so ORDERED this 26th day of November , 2014. ______________________________ LOUISE W. FLANAGAN UNITED STATES DISTRICT JUDGE

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