Landingham v. Social Security Administration Commissioner, No. 5:2009cv05127 - Document 8 (W.D. Ark. 2009)
Court Description: MEMORANDUM OPINION. Signed by Honorable James R. Marschewski on December 17, 2009. (src)
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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION ROBERT E. LANDINGHAM, IV v. PLAINTIFF CIVIL NO. 09-5127 MICHAEL J. ASTRUE, Commissioner Social Security Administration DEFENDANT MEMORANDUM OPINION Presently before the court is the Defendant s motion to dismiss. (Doc. # 7). Plaintiff brought this action pursuant to 42 U.S.C. ยง 405(g) seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) finding that plaintiff was not entitled to a period of disability, disability benefits, or supplemental security income under Titles II and XVI of the Social Security Act. (Doc. 1-2). In their motion to dismiss, the Defendant states that the plaintiff has failed to file a brief as ordered by this Court on October 1, 2009. Further, the Defendants attempted to serve plaintiff with a copy of the transcript on October 1, 2009, but said delivery was rejected with a notation that the plaintiff had moved. No forwarding address was provided. While attempting to find a forwarding address for the plaintiff, the Court found an obituary dated August 8, 2009, for a Robert E. Landingham, IV, of Bentonville, Arkansas, with the same date of birth as the plaintiff s. Accordingly, the Defendant s motion is hereby granted and the clerk is ordered to dismiss plaintiff s Complaint. IT IS SO ORDERED this 17th day of December 2009. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE
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