Frank Cummins, Jr. v. Commissioner, Social Security

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 8, 2019
• Docket: 18-1701
• Status: Unpublished

Opinion

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Submitted: February 15, 2019 Filed: March 8, 2019 [Unpublished] ____________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).

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