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McMAHAN v. BARNHART

No. 2:05CV00005.

377 F.Supp.2d 534 (2005)

Kenneth H. McMAHAN, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

July 19, 2005.

Attorney(s) appearing for the Case

Sue Ella Kobak, Pennington Gap, VA, for Plaintiff.

Sara Bugbee Winn, Assistant United States Attorney, Roanoke, VA, for Defendant.

OPINION

JONES, Chief Judge.

In this Social Security case, the Commissioner has moved to dismiss based on the statute of limitations. Because the plaintiff has not alleged any facts showing the proper application of equitable tolling, I will grant the motion and dismiss the action.

I

Kenneth H. McMahan filed this action challenging the final decision of the Commissioner of Social Security ("Commissioner") denying his application for disability...

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