NELSON v. ASTRUE, 11-2085. (2012)
Court: District Court, W.D. Arkansas
Number: infdco20120119c29
Visitors: 7
Filed: Jan. 18, 2012
Latest Update: Jan. 18, 2012
Summary: ORDER JAMES R. MARSCHEWSKI, Chief Magistrate Judge. On January 17, 2012, 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 December 2, 2010, but Plai
Summary: ORDER JAMES R. MARSCHEWSKI, Chief Magistrate Judge. On January 17, 2012, 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 December 2, 2010, but Plain..
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ORDER
JAMES R. MARSCHEWSKI, Chief Magistrate Judge.
On January 17, 2012, 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 December 2, 2010, but Plaintiff did not file his Complaint with this court until March 28, 2011. Accordingly, Plaintiff is hereby directed to file a response to Defendant's Motion to Dismiss on or before March 2, 2012. Plaintiff's response should focus on explaining his delay in the filing of his Complaint with this Court.
IT IS SO ORDERED.
Source: Leagle
