Tucker v. Secretary of Health and Human Services

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause is before the court on a motion by the defendant Secretary of Health and Human Services to dismiss plaintiff Shayne Tucker’s complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. The Secretary contends that plaintiff Shayne Tucker failed to file her complaint with the clerk of the district court within the sixty-day period prescribed by 42 U.S.C. § 405(g), and, therefore, her complaint is time barred. The court must determine whether the placing of plaintiffs complaint and filing fee in the United…