Ross v. Secretary of Health, Education & Welfare

MEMORANDUM AND ORDER

SWINFORD, District Judge.

The motion of the defendant to dismiss the complaint is sustained. 42 U.S.C. §. 405(g); Bomer v. Ribicoff, 6 Cir., 304 F.2d 427; Robinson v. Celebrezze, D.C., 237 F.Supp. 115; Bowen v. Secretary, etc., 46 F.R.D. 41.

The complaint was filed on December 31, 1969. It seeks to review a decision of the Secretary of the Department of Health, Education and Welfare which became final on October 29, 1969. The statute under which the action is brought provides expressly that a review of the decision must be commenced within sixty days after the mailing to him…