James C. Gionfriddo, Jr. v. Commissioner of Social Security

On April 8, 2011, James C. Gionfriddo Jr. received notice from the Social Security Administration that it would not review the administrative law judge’s decision to deny him social security benefits. He filed a pro se complaint in federal district court on July 5, 2011, 1 and asked to proceed in forma pauperis. See 28 U.S.C. § 1915. The district court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim because it found that the complaint had been filed twenty-two days too late. Gionfriddo appeals, proceeding pro se.

We review de novo a dismissal under 28…