Polk v. Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION ALLEN POLK PLAINTIFF v. Case No. 4:22-cv-00808-BRW SOCIAL SECURITY ADMINISTRATION DEFENDANT ORDER A district court has the authority to dismiss a case sua sponte for failure to state a claim.1 Without paying the filing fee or moving to proceed in forma pauperis, Polk initiated this pro se federal claim attempting to appeal an unfavorable social security decision issued on October 4, 2021.2 Because “42 U.S.C. § 405(g) requires a disappointed claimant to seek judicial review within sixty days” of the decision, Mr. Polk’s appeal is untimely.3 He had until December 3, 2021, to file his appeal. Accordingly, this Court lacks jurisdiction, and the case is DISMISSED. IT IS SO ORDERED this 14th day of September, 2022.

______B__IL__L_Y_ _R_O__Y_ W__I_L_S_O__N_______ UNITED STATES DISTRICT JUDGE

1 See Smith v. Boyd, 945 F.2d 1041, 1043 (8th Cir. 1991). 2 Complaint, Doc. 1. 3 See Robertson v. Sullivan, 925 F.2d 1124, 1125 (8th Cir. 1991).