Lockett v. Commissioner of Social Security

Filing 48

MEMORANDUM AND ORDER, The Court DIRECTS the Clerk of Court to refile as a new civil case Lockett's pending motion and its exhibits (Docs. 46 & 47) with the motion's original filing date (October 23, 2019), to TERMINATE the motion in this case, and to send Lockett a form motion for leave to proceed in forma pauperis in his new case. Signed by Judge J. Phil Gilbert on 10/28/2019. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
VIRGIL L. LOCKETT,
Plaintiff,
vs.

Civil No. 15-cv-1328-JPG

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
MEMORANDUM and ORDER
This matter comes before the Court on plaintiff Virgil L. Lockett’s second pro se postjudgment motion for judgment as a matter of law (Doc. 46). Lockett filed this case in December
2015 to appeal the Commissioner of Social Security’s decision to deny him supplemental
security income benefits. On the Commissioner’s motion, in December 2016 the Court
remanded this case to the Commissioner for rehearing and reconsideration of the evidence
pursuant to sentence four of 42 U.S.C. § 405(g). It appears that an administrative law judge
(“ALJ”) reheard Lockett’s case and has again rendered an adverse decision. On September 6,
2019, the Appeals Council denied review, and the ALJ’s decision became the final agency
decision subject to judicial review. In his pending motion, Lockett takes issue with that new
decision and asks the Court to reject the new decision and award him benefits.
At the Court told Lockett earlier in response to his first post-judgment motion for
judgment as a matter of law, his old case is not the right place for Lockett to raise his complaints
about the new agency decision. The Court’s remand under sentence four terminated this case;
this case is over. See Richmond v. Chater, 94 F.3d 263, 267-68 (7th Cir. 1996). However, it
appears Lockett has exhausted his administrative remedies and would like to file a new suit
challenging the new agency decision. Therefore, the Court DIRECTS the Clerk of Court to

refile as a new civil case Lockett’s pending motion and its exhibits (Docs. 46 & 47) with the
motion’s original filing date (October 23, 2019), to TERMINATE the motion in this case, and
to send Lockett a form motion for leave to proceed in forma pauperis in his new case.
IT IS SO ORDERED.
DATED: October 28, 2019.
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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