Charles Bobo v. Carolyn W. Colvin

FILED
NOT FOR PUBLICATION APR 21 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHARLES L. BOBO, No. 13-35099
Plaintiff - Appellant, D.C. No. 2:12-cv-01730-MAT
v.
MEMORANDUM*
CAROLYN W. COLVIN, Commissioner
of Social Security,
Defendant - Appellee.
Appeal from the United States District Court
for the Western District of Washington
Mary A. Theiler, Magistrate Judge, Presiding
Submitted April 16, 2014**
Before: GOULD, BERZON, and BEA, Circuit Judges.
Charles Bobo appeals pro se the district court’s summary judgment which
dismissed as time-barred his complaint challenging the Commissioner of Social
Security’s decision which granted his application for supplemental security income
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
under Title XVI of the Social Security Act but declined to reopen earlier disability
applications. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
We review de novo the district court’s dismissal as untimely of a complaint
seeking review of a decision of the Commissioner. Banta v. Sullivan, 925 F.2d
343, 344 (9th Cir. 1991).
The district court did not err in dismissing Bobo’s complaint as untimely.
Bobo filed his complaint approximately seven months after the sixty-day
limitations period had expired. See 42 U.S.C. § 405(g); 20 C.F.R. § 422.210(c).
He is not entitled to equitable tolling of the statute of limitations. The dismissal for
failure to prosecute of his earlier, timely-filed district court action was caused by
his failure to comply with the court’s order to file an amended complaint. That
earlier dismissal does not amount to an extraordinary circumstance beyond his
control that made it impossible for him to seek review of the Commissioner’s
decision. See Banta, 925 F.3d at 345; Stoll v. Runyon, 165 F.3d 1238, 1242 (9th
Cir. 1999) (discussing tolling of Title VII statute of limitations).
AFFIRMED.
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