Opinion
4:22-cv-00808-BRW
09-14-2022
ALLEN POLK PLAINTIFF v. SOCIAL SECURITY ADMINISTRATION DEFENDANT
ORDER
BILLY ROY WILSON UNITED STATES DISTRICT JUDGE.
A district court has the authority to dismiss a case sua sponte for failure to state a claim.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. 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. He had until December 3, 2021, to file his appeal. Accordingly, this Court lacks jurisdiction, and the case is DISMISSED.
See Smith v. Boyd, 945 F.2d 1041, 1043 (8th Cir. 1991).
Complaint, Doc. 1.
See Robertson v. Sullivan, 925 F.2d 1124, 1125 (8th Cir. 1991).
IT IS ORDERED.