Davidson v. Secretary of Health, Education, & Welfare

ORDER

DAUGHERTY, District Judge.

Defendant moves to dismiss Plaintiff’s action for the reason the same was not filed within sixty days of the final decision of the Defendant, as required by 42 U.S.C.A. § 405(g) and (h). Plaintiff refers to Rule 6(e), F.R.Civ.P., 28 U.S. C.A. and asserts that as the notice of the Appeals Council denying his claim was served by mail, three days must be added to the pei’iod of sixty days and that therefore the action was timely filed.

*271Plaintiff’s assertion is not correct. Rule 82, F.R.Civ.P., 28 U.S.C.A. admits of no interpretation of the rules which will extend…