Alexjandra Quinday, Appellant, v. Secretary of Health & Human Services, 946 F.2d 1566 (D.C. Cir. 1991)

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US Court of Appeals for the District of Columbia Circuit - 946 F.2d 1566 (D.C. Cir. 1991) Aug. 13, 1991

Before MIKVA, Chief Judge, and D.H. GINSBURG and RANDOLPH, Circuit Judges.

ORDER

PER CURIAM.


Upon consideration of the motion for summary affirmance and the lack of response to the court's order to show cause, filed February 20, 1991, it is

ORDERED that the show cause order be discharged. It is

FURTHER ORDERED that the motion for summary affirmance be granted. The merits of the parties' positions are so clear as to justify summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam); Walker v. Washington, 627 F.2d 541, 545 (D.C. Cir.) (per curiam), cert. denied, 449 U.S. 994 (1980). Quinday's complaint was not filed in the United States District Court for the District of Columbia within sixty days of receipt of notice of the Secretary of Health and Human Services' final action, as required by 42 U.S.C. § 405(g) and 20 C.F.R. § 404.981.

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15. If the appellant choses to petition for rehearing, the petition must be filed within forty-five days of the date of this order.