Roy Lee Moore, Plaintiff-appellant, v. Otis R. Bowen, Secretary, Department of Health and Humanservices, Defendant- Appellee, 870 F.2d 655 (4th Cir. 1989)

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U.S. Court of Appeals for the Fourth Circuit - 870 F.2d 655 (4th Cir. 1989)

March 1, 1989. Rehearing Denied March 24, 1989

Roy Lee Moore, appellant pro se.

Samuel Thomas Currin, Office of the United States Attorney, for appellee.

Before PHILLIPS and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Roy Lee Moore appeals from the district court order dismissing his complaint for lack of jurisdiction. Our review of the record and the district court's opinion discloses that this appeal is without merit. Judicial review of cases arising under Title II of the Social Security Act is governed by Secs. 205(g) and (h) of the Social Security Act, 42 U.S.C. §§ 405(g) and (h). As Moore's civil action was not commenced in a timely manner following a final decision of the Secretary, as required by statute, it was properly dismissed by the district court. Moore v. Bowen, C/A No. 88-18 (E.D.N.C. Aug. 26, 1988). We affirm the order of the district court and deny Moore's motion to amend his complaint. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.