Filed: Mar. 08, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1701 _ Frank J. Cummins, Jr. lllllllllllllllllllllPlaintiff - Appellant v. Commissioner, Social Security Administration lllllllllllllllllllllDefendant - Appellee _ Appeal from United States District Court for the Eastern District of Arkansas - Jonesboro _ Submitted: February 15, 2019 Filed: March 8, 2019 [Unpublished] _ Before GRUENDER, BOWMAN, and STRAS, Circuit Judges. _ PER CURIAM. Frank J. Cummins, Jr., appeals from the order o
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1701 _ Frank J. Cummins, Jr. lllllllllllllllllllllPlaintiff - Appellant v. Commissioner, Social Security Administration lllllllllllllllllllllDefendant - Appellee _ Appeal from United States District Court for the Eastern District of Arkansas - Jonesboro _ Submitted: February 15, 2019 Filed: March 8, 2019 [Unpublished] _ Before GRUENDER, BOWMAN, and STRAS, Circuit Judges. _ PER CURIAM. Frank J. Cummins, Jr., appeals from the order of..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-1701
___________________________
Frank J. Cummins, Jr.
lllllllllllllllllllllPlaintiff - Appellant
v.
Commissioner, Social Security Administration
lllllllllllllllllllllDefendant - Appellee
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Jonesboro
____________
Submitted: February 15, 2019
Filed: March 8, 2019
[Unpublished]
____________
Before GRUENDER, BOWMAN, and STRAS, Circuit Judges.
____________
PER CURIAM.
Frank J. Cummins, Jr., appeals from the order of the District Court1 granting
the Social Security Administration Commissioner’s motion to dismiss as untimely
Cummins’s 42 U.S.C. § 405(g) complaint. After de novo review, we conclude that
the complaint was properly dismissed. See Bess v. Barnhart,
337 F.3d 988, 989 (8th
Cir. 2003) (per curiam) (standard of review). Further, there was no basis for granting
Cummins leave to file his amended complaint or for granting his post-judgment
motion. We affirm the judgment, and we deny the pending appellate motions.
______________________________
1
The Honorable Jerome T. Kearney, United States Magistrate Judge for the
Eastern District of Arkansas, to whom the case was referred for final disposition by
consent of the parties pursuant to 28 U.S.C. § 636(c).
-2-