Unpublished Disposition, 889 F.2d 1095 (9th Cir. 1987)

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U.S. Court of Appeals for the Ninth Circuit - 889 F.2d 1095 (9th Cir. 1987)

Tom McKEE, Plaintiff-Appellant,v.Otis R. BOWEN, Secretary of Health and Human Services,Defendant-Appellee.

No. 88-5707.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 1, 1989.* Decided Nov. 29, 1989.

C.D. Cal.

AFFIRMED.

Appeal from the United States District Court for the Central District of California; Ronald W. Rose, United States Magistrate, Presiding.

Before JAMES R. BROWNING, KOZINSKI and RYMER, Circuit Judges.

MEMORANDUM** 

The magistrate found that plaintiff received the Appeals Council's decision no later than October 29, 1986.1  Plaintiff had 60 days from that date to file an action challenging the decision. His May 27, 1987, complaint was, therefore, approximately 5 months late. The district court properly dismissed it as untimely. 42 U.S.C. § 405(g) (1982).

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

 1

In accordance with 28 U.S.C. § 636(c), the parties waived their right to proceed before a district judge and consented to have a United States Magistrate conduct the proceedings

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