Lester Ray Barrs v. Louis W. Sullivan, M.D., Secretary of Health and Human Services

We review here for abuse of discretion the district court’s refusal to reinstate this action following its dismissal. Finding no error, we affirm.

I

On August 7, 1987, the Appeals Council of the Social Security Administration sent a notice to plaintiff Lester Barrs informing him of the denial of his request for review of the Administrative Law Judge’s (ALJ’s) decision in Barrs’s case. The notice also stated that, if Barrs desired a review of the ALJ’s decision in federal district court, the action must be filed within 60 days from the date he received the notice. On June 2, 1988, Barrs filed…