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Frank Cummins, Jr. v. Commissioner, Social Security, 18-1701 (2019)

Court: Court of Appeals for the Eighth Circuit Number: 18-1701 Visitors: 24
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District Court for the Eastern District of Arkansas - Jonesboro _ Submitted: February 15, 2019 Filed: March 8, 2019 [Unpublished] _ Before GRUENDER, BOWMAN, and STRAS, Circuit Judges.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
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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                             [Unpublished]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-

Source:  CourtListener

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