Jamila Reeves v. Carolyn W. Colvin

U.S. Court of Appeals for the Eighth Circuit

Jamila Reeves v. Carolyn W. Colvin

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-1977 ___________________________

Jamila Reeves

lllllllllllllllllllllPlaintiff - Appellant

v.

Carolyn W. Colvin,1 Acting Commissioner, Social Security Administration

lllllllllllllllllllllDefendant - Appellee ____________

Appeal from United States District Court for the Western District of Missouri - Jefferson City ____________

Submitted: January 8, 2025 Filed: January 14, 2025 [Unpublished] ____________

Before LOKEN, KELLY, and ERICKSON, Circuit Judges. ____________

PER CURIAM.

1 Carolyn Colvin has been appointed to serve as Acting Commissioner of the Social Security Administration, and is substituted as appellee pursuant to Federal Rule of Appellate Procedure 43(c). Jamila Reeves appeals the district court’s2 order dismissing as untimely her civil action for review of the denial of social security benefits. Upon careful review, we conclude that the action was untimely because Reeves commenced it beyond the 60-day filing deadline in 42 U.S.C. § 405(g). See Bess v. Barnhart, 337 F.3d 988, 989 (8th Cir. 2003) (per curiam). We also conclude that she is not entitled to equitable tolling of the deadline because she failed to explain how any of her health conditions prevented her from timely filing the action. See Thompson v. Comm’r of SSA, 919 F.3d 1033, 1036-38 (8th Cir. 2019).

Accordingly, we affirm. ______________________________

2 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri.

-2-

Reference

Status
Unpublished