CUMMINS v. COMMISSIONER SOCIAL SECURITY ADMINISTRATION (2019)

United States Court of Appeals, Eighth Circuit.

Frank J. CUMMINS, Jr. Plaintiff-Appellant v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION Defendant-Appellee

No. 18-1701

Decided: March 08, 2019

Before GRUENDER, BOWMAN, and STRAS, Circuit Judges.

Frank J. Cummins, Jr., Pro Se Gabriel Bono, Traci B. Davis, Social Security Administration, Office of General Counsel Region VI, Dallas, TX, Stacey E. McCord, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Arkansas, Little Rock, AR, for Defendant-Appellee

[Unpublished]

Frank J. Cummins, Jr., appeals from the order of the District Court ¹ 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.

FOOTNOTES

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).

PER CURIAM.

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