Hester v. Social Security, Commisioner of
ORDER DENYING Plaintiff's 1 Initiating Petition to File a Complaint filed by Annie M Hester Signed by District Judge Robert H. Cleland. (LWag)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
ANNIE M. HESTER,
Case No. 15-51463
COMMISSIONER OF SOCIAL SECURITY,
ORDER DENYING PLAINTIFF’S REQUEST
FOR PERMISSION TO FILE COMPLAINT
Currently pending before this court is Petitioner Annie M. Hester’s request for
judicial review of the decision of the Commissioner of Social Security. (Dkt. # 1.) This is
not petitioner’s first attempt to obtain judicial review. On September 2, 2009, the
Honorable Thomas L. Ludington barred Plaintiff from filing any further actions against
the Commissioner of Social Security in the Eastern District of Michigan unless she
receives written permission from the court. (Case No. 08-14575, Dkt. # 15.) Petitioner
had already filed three actions against the Commissioner, and Judge Ludington
explained that the court lacked subject matter jurisdiction over such claims and that res
judicata barred the claims. Nonetheless, since then, petitioner has filed more than a
dozen subsequent actions against the Commissioner of Social Security, all of which
have been denied or dismissed by various judges of this district. See Annie M. Hester v.
Comm’r of Soc. Sec., No. 12-51140 (filed Aug. 17, 2012) (Rosen, J.) (denied); No. 1214352 (filed Oct. 1, 2012) (Cox, J.) (dismissed); No. 13-50323 (filed March 4, 2013)
(Cleland, J.) (denied); No. 13-50444 (filed March 25, 2013) (Drain, J.) (dismissed); No.
14-50368 (filed March 21, 2014) (Drain, J.) (denied); No. 14-50315 (filed March 7, 2014)
(Cleland, J.) (denied); No. 14-50441 (filed April 8, 2014) (Zatkoff, J.) (denied); No. 1450552 (filed April 30, 2014) (Tarnow, J.) (dismissed); No. 14-50870 (filed July 1, 2014)
(Roberts, J.) (denied); No. 14-50924 (filed July 11, 2014) (Cox, J.) (dismissed); No. 1451003 (filed July 25, 2014) (Leitman, J.) (denied); No. 14-51095 (Hood, J.) (denied); 1451245 (Lawson, J.) (denied and dismissed).
Petitioner has, yet again, sought leave to file a complaint against the
Commissioner. As has already been stated in dismissing Petitioner’s numerous
previous complaints, the court lacks subject matter jurisdiction over Petitioner’s claims,
and res judicata bars the claims. Petitioner is attempting to relitigate claims that have
already been considered and rejected in a final decision on the merits by this court.
IT IS ORDERED that Petitioner’s October 21, 2015 request for permission to file
suit against the Commissioner of Social Security (Dkt. # 1) is DENIED.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: September 22, 2016
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, September 22, 2016, by electronic and/or ordinary mail.
Case Manager and Deputy Clerk
9/22/16:S:\Cleland\JUDGE'S DESK\C1 ORDERS\15-51463.HESTER.Deny.Request.File.Complaint.tlh.wpd
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