Frank Cummins, Jr. v. Commissioner, Social Security

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 18-1701

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Frank J. Cummins, Jr.

lllllllllllllllllllllPlaintiff - Appellant

v.

Commissioner, Social Security Administration

lllllllllllllllllllllDefendant - Appellee

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Appeal from United States District Court for the Eastern District of Arkansas - Jonesboro

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Submitted: February 15, 2019 Filed: March 8, 2019

[Unpublished]

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Before GRUENDER, BOWMAN, and STRAS, Circuit Judges.

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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.

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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).