Richard P. Landers v. Natl. RR Passenger

1 The Honorable George Howard, Jr., United States District Judge for the
Eastern District of Arkansas, adopting the proposed findings and recommendations
of the Honorable Henry L. Jones, Jr., United States Magistrate Judge for the Eastern
District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-1762
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Lisa Barber, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Jo Anne B. Barnhart, Commissioner, * Eastern District of Arkansas.
Social Security Administration, *
* [UNPUBLISHED]
Appellee. *
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Submitted: August 29, 2003
Filed: September 4, 2003
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Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
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PER CURIAM.
Lisa Barber appeals from the district court’s1 dismissal as untimely of her
complaint seeking review of the Commissioner’s denial of supplemental security
income. Having carefully reviewed the record and the parties’ submissions on appeal,

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we conclude that dismissal of the complaint was proper, because it was filed more
than sixty days after her attorney received notice of the Commissioner’s final
decision. See 42 U.S.C. § 405(g); Bess v. Barnhart, 337 F.3d 988, 990 (8th Cir.
2003) (per curiam) (limitations period under § 405(g) is triggered by notice received
by either claimant or claimant’s attorney, whichever occurs first).
Accordingly, we affirm. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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